Behrens v. Pelletier

Behrens v. Pelletier
Argued November 7, 1995
Decided February 21, 1996
Full case nameBehrens v. Pelletier
Citations516 U.S. 299 (more)
116 S. Ct. 834; 133 L. Ed. 2d 773
Case history
PriorPelletier v. Federal Home Loan Bank, 968 F.2d 865 (9th Cir. 1992)
SubsequentPelletier v. Behrens, 130 F.3d 429 (9th Cir. 1997)
Holding
A defendant's immediate appeal of an unfavorable qualified-immunity ruling on a motion to dismiss does not deprive the court of appeals of jurisdiction over a second appeal, also based on qualified immunity, immediately following denial of summary judgment.
Court membership
Chief Justice
William Rehnquist
Associate Justices
John P. Stevens · Sandra Day O'Connor
Antonin Scalia · Anthony Kennedy
David Souter · Clarence Thomas
Ruth Bader Ginsburg · Stephen Breyer
Case opinions
MajorityScalia, joined by Rehnquist, O'Connor, Kennedy, Souter, Thomas, Ginsburg
DissentBreyer, joined by Stevens

Behrens v. Pelletier, 516 U.S. 299 (1996), was a United States Supreme Court case in which the Court held a defendant's immediate appeal of an unfavorable qualified immunity ruling on a motion to dismiss does not deprive the court of appeals of jurisdiction over a second appeal, also based on qualified immunity, immediately following denial of summary judgment.