Halloran v. State

OPINION

This appeal concerns the defense of qualified immunity. Specifically, how and when can a government litigant seek appellate review of a pretrial order rejecting this defense as grounds for dismissal of the action? For the reasons described below, we hold that a litigant seeking such review cannot obtain it by an appeal from the denial of a motion to dismiss a complaint, but only through a petition for a writ of certiorari from the denial of a summary-judgment motion.

The defendants, Michael Bosquet, Lawrence Bartley, Janice O’Connor, and Anita Butler, individually and in their…