Johnson v. Fankell (1996)
- Docket
- 96-292
- Decided
- 1996-01-01
Summary
Question: Do defendants in an action brought under 42 USC section 1983 in state court have a federal right to an interlocutory appeal from a denial of qualified immunity? Conclusion: No. In unanimous opinion delivered by John Paul Stevens, the Court held that defendants in a state-court section 1983 action do not have a federal right to an interlocutory appeal from a denial of qualified immunity. The Court reasoned that in construing state rules allowing appeals from final judgments, state courts did not need to accept the federal definition of a "final decision" within the meaning of federal law. The right to an interlocutory appeal of a denial of immunity "is a federal procedural right that simply does not apply in a non-federal forum," Justice Stevens wrote for the court.