Tropical Storm, Sept. 29–30, 1920.

Is Qualified Immunity Unlawful?

“…229 An official is also entitled to an immediate appeal of the denial of that motion to dismiss, contrary to the normal rule that such denials are not appealable. 230 Finally, an official is entitled to a second immediate appeal if his motion for summary judgment on the basis of qualified immunity is likewise denied. 231 These latter two rules stem from the so-called collateral order doctrine established in 1949 by Cohen v. Beneficial Industry Loan.…”