Kenyatta v. Moore - United States Court of Appeals for the Fifth Circuit

Kenyatta v. Moore

By United States Court of Appeals for the Fifth Circuit

  • Release Date: 1984-10-29
  • Genre: Law


RUBIN, Circuit Judge A civil rights activist seeks damages from Federal Bureau of Investigation officers for alleged invasion of his federal constitutional rights and for state law torts. The defendants' motions for summary judgment based on qualified immunity to the federal claims and absolute immunity to the pendent state-law claims were denied. Having twice unsuccessfully sought to appeal the rulings by certification as interlocutory orders under 28 U.S.C. § 1292(b), the officers now appeal, contending that the denial of their motion, while collateral, is final in effect and, therefore, appealable as if it were a final order.1 We find that the order will not damage defendants' legitimate interests beyond repair if appeal awaits final judgment, and hold that it is therefore not immediately appealable. Accordingly we dismiss the appeal. I.