John W. Behrens v. Robert J. Pelletier (516 U.S. 299)
U.S. Supreme Court · decided February 21, 1996 · Supreme Court Database (Spaeth)
- Citation
- 516 U.S. 299 · 116 S. Ct. 834
- Decided
- February 21, 1996
- Term
- October Term 1995
- Vote
- 7–2
- Majority author
- Justice Scalia
- Issue area
- Judicial Power
- Disposition
- Reversed and remanded
- Outcome
- Petitioning party won
- Ideological direction
- Liberal
Opinion excerpt
Justice Scalia delivered the opinion of the Court. In Mitchell v. Forsyth, 472 U. S. 511 (1985), we held that a district court’s rejection of a defendant’s qualified-immunity defense is a “final decision” subject to immediate appeal under the general appellate jurisdiction statute, 28 U. S. C. §1291. The question presented in this case is whether a defendant’s immediate appeal of an unfavorable qualified-immunity ruling on his motion to dismiss deprives the court of appeals of jurisdiction over a second appeal, also based on qualified immunity, immediately following denial of summary judgment. I In 1983, South Coast Savings and Loan Association, a new institution, applied to the Federal Home .Loan Bank Board (FHLBB or Board) for the approval necessary to obtain account insurance from the Federal Savings and Loan Insurance Corporation (FSLIC).- Under FHLBB regulations, approval of new institutions was to be withheld if their “financial policies or management” were found to be “unsafe” for any of various reasons, including “character of the management.” 12 CFR § 571.6(b) (1986). Accordingly, when FHLBB approved South Coast for FSLIC insurance in March 1984, it imposed a number of requirements, including the condition that South Coast “provide for employment of a qualified full-time executive managing officer, subject to approval by the Principal Supervisory Agent” — FHLBB’s…
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