Johnson v. Fankell

520 U.S. 911 (1997)

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Nature of the Case

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Facts

Ds are officials of the Idaho Liquor Dispensary. P, a former liquor store clerk, brought this action for damages under §1983 in the District Court for the County of Bonner, Idaho. P alleged that Ds deprived her of property without due process of law in violation of the Fourteenth Amendment when they terminated her employment. Ds moved to dismiss based on qualified immunity. At the time of P's dismissal, they reasonably believed that she was a probationary employee who had no property interest in her job. Ds argue that her termination did not violate clearly established law. The trial court denied the motion, Ds filed a timely notice of appeal to the Supreme Court of the State of Idaho. The State Supreme Court dismissed the appeal. It held that an order denying a motion for summary judgment is not appealable under Idaho Appellate Rule 11(a)(1) because it is not from a final order or judgment. The Court denied rehearing and dismissed the appeal. Ds filed a petition in the Supreme Court seeking either a writ of certiorari or a writ of mandamus. Some state courts allow interlocutory appeals of orders denying qualified immunity on the theory that such review is necessary to protect a substantial federal right.