Robert E. Kennedy, Jr. Joyce Kennedy v. City of Cleveland, William T. Hanton (85-3819), Frank Wszelaki (85-3827)

ENGEL, Circuit Judge.

The Supreme Court in Mitchell v. Forsyth, — U.S. -, 105 S.Ct. 2806, 86 L.Ed.2d 411 (1985), held that a district court’s denial of a claim of qualified immunity, to the extent that it turns on an issue of law, is an immediately appealable “final decision” within the meaning of 28 U.S.C. § 1291 1 notwithstanding the absence of a final judgment. These consolidated appeals raise important issues concerning whether the right to take an immediate interlocutory appeal is conditioned upon the filing of a timely notice and further whether the right itself can be subject to waiver…