Acierno v. Cloutier

OPINION OF THE COURT

COWEN, Circuit Judge.

In this action under 42 U.S.C. § 1983, the defendants have appealed the denial of their motions to dismiss on absolute and qualified immunity grounds. These appeals were first heard by a panel of this court, which was bound by Prisco v. United States Dep’t of Justice, 851 F.2d 93 (3d Cir.1988), cert. denied, 490 U.S. 1089, 109 S.Ct. 2428, 104 L.Ed.2d 985 (1989). In that case it was held that a defendant may not appeal the denial of a claim of qualified immunity under the collateral order doctrine if the defendant would nevertheless be required to go to…