Procedure
Collateral Order Doctrine
The exception that allows appeals before a case ends — the legal basis for interlocutory QI appeals.
What It Is
The collateral order doctrine is an exception to the final judgment rule. It allows immediate appeal of court orders that are:
- Conclusive — They conclusively determine the disputed question
- Separate — They resolve an important issue completely separate from the merits of the action
- Unreviewable — They would be effectively unreviewable after final judgment
The doctrine comes from Cohen v. Beneficial Industrial Loan Corp., 337 U.S. 541 (1949).
In Practice
The collateral order doctrine is narrow. Courts apply it sparingly. The most significant application in § 1983 is the interlocutory appeal of qualified immunity denials — because the right to immunity from suit (not just liability) would be irretrievably lost if the official had to go through trial.
Other recognized applications:
- Orders denying Eleventh Amendment sovereign immunity
- Orders denying absolute immunity
- Some discovery orders involving privilege
Key Cases
- Cohen v. Beneficial Industrial Loan Corp., 337 U.S. 541 (1949) — Created the doctrine
- Mitchell v. Forsyth, 472 U.S. 511 (1985) — Applied to QI denials
- Will v. Hallock, 546 U.S. 345 (2006) — Government’s claim preclusion defense not appealable under collateral order doctrine