Behrens v. Pelletier
| Behrens v. Pelletier | |
|---|---|
| Argued November 7, 1995 Decided February 21, 1996 | |
| Full case name | Behrens v. Pelletier |
| Citations | 516 U.S. 299 (more) 116 S. Ct. 834; 133 L. Ed. 2d 773 |
| Case history | |
| Prior | Pelletier v. Federal Home Loan Bank, 968 F.2d 865 (9th Cir. 1992) |
| Subsequent | Pelletier 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 | |
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| Case opinions | |
| Majority | Scalia, joined by Rehnquist, O'Connor, Kennedy, Souter, Thomas, Ginsburg |
| Dissent | Breyer, 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.