UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT
August 14, 1985
RICHARD G. KLEINDIENST, INDIVIDUALLY AND AS ATTORNEY GENERAL OF THE UNITED STATES, L. PATRICK GRAY, 3RD, INDIVIDUALLY AND AS ACTING DIRECTOR, FEDERAL BUREAU OF INVESTIGATION, JOHN N. MITCHELL, INDIVIDUALLY AND AS FORMER ATTORNEY GENERAL OF THE UNITED STATES, JOHN DOE AND RICHARD ROE, ALBERT COOPER AND DAVID PORTER, JOHN N. MITCHELL, ALBERT COOPER, AND DAVID PORTER, APPELLANTS KEITH FORSYTH, PLAINTIFF-RESPONDENT, V. HON. RAYMOND J. BRODERICK, U.S. DISTRICT JUDGE, NOMINAL RESPONDENT V. RICHARD G. KLEINDIENST, ET AL. DEFENDANTS JOHN MITCHELL, DEFENDANT-PETITIONER
ON REMAND FROM THE SUPREME COURT OF THE UNITED STATES, No. 84-335
Opinion OF THE COURT
On appeal to this court, defendant Mitchell contended that he was entitled to absolute immunity. In the alternative he argued that the district court erred in denying qualified immunity.
We affirmed the district court's decision denying absolute immunity and concluded that the order denying qualified immunity was not appealable. See Forsyth v. Kleindienst, 729 F.2d 267 (3d Cir. 1984).
The Supreme Court granted certiorari. In an opinion and judgment dated June 19, 1985, the Court affirmed our ruling that absolute immunity was not applicable. The Supreme Court also reversed our ruling on jurisdiction, holding that the district court's order denying qualified immunity was appealable. The Supreme Court then concluded that the defendant was entitled to qualified immunity as a matter of law.
Accordingly, in accordance with the direction of the Supreme Court, the judgment of the district court will be reversed insofar as it holds that defendant is not entitled to summary judgment on the ground of qualified immunity. The case will be remanded to the district court with directions that it enter judgment in favor of the defendant. Each party to bear its own costs of appeal to this court. Judge Weis would assess costs in the same proportion as did the Supreme Court.
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