Legal Opinion

McGovern v. City of Minneapolis

Supreme Court of Minnesota

Decided September 27, 1991No. C5-91-37PublishedCited by 34 opinions

1Opinion of the Court

KEITH, Chief Justice.

In this case the court of appeals — relying on its own decision in Johnson v. Northside Residents Redevelopment Council, 467 N.W.2d 826 (Minn.App.1991) — held, in relevant part, that although an order in a civil suit denying a defense motion for summary judgment based on a claim of immunity from suit under 42 U.S.C. § 1983 is immediately appealable by the defense, an order denying a defense motion for summary judgment based on nonfederal claims of governmental discretionary act immunity and official immunity is not immediately appealable by the defense. We reverse that…

2Cases cited4 opinions

  1. Harlow v. FitzgeraldSupreme Court of the United States · 1982
  2. Mitchell v. ForsythSupreme Court of the United States · 1985
  3. Anderson v. City of HopkinsSupreme Court of Minnesota · 1986
  4. Johnson v. Northside Residents Redevelopment CouncilCourt of Appeals of Minnesota · 1991

3Cited by34 opinions

  1. Nicollet Restoration, Inc. v. City of St. PaulSupreme Court of Minnesota · 1995
  2. Sletten v. Ramsey CountySupreme Court of Minnesota · 2004
  3. Sirek v. State, Department of Natural ResourcesSupreme Court of Minnesota · 1993
  4. Zank v. LarsonSupreme Court of Minnesota · 1996
  5. Waste Recovery Cooperative v. County of HennepinSupreme Court of Minnesota · 1994

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