Behrens v. Pelletier, 516 U.S. 299, 13 (1996)

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Cite as: 516 U. S. 299 (1996)

Opinion of the Court

tain jurisdiction pending summary disposition of the appeal, and thereby minimizes disruption of the ongoing proceedings. See, e. g., Chuman v. Wright, 960 F. 2d 104, 105 (CA9 1992); Yates v. Cleveland, 941 F. 2d 444, 448-449 (CA6 1991); Stewart v. Donges, 915 F. 2d 572, 576-577 (CA10 1990); Apostol v. Gallion, 870 F. 2d 1335, 1339 (CA7 1989). In any event, the question before us here—whether there is jurisdiction over the appeal, as opposed to whether the appeal is frivolous—must be determined by focusing upon the category of order appealed from, rather than upon the strength of the grounds for reversing the order. "Appeal rights cannot depend on the facts of a particular case." Carroll v. United States, 354 U. S. 394, 405 (1957). See also Digital Equipment Corp. v. Desktop Direct, Inc., 511 U. S. 863, 868 (1994). As we have said, an order denying qualified immunity, to the extent it turns on an "issue of law," Mitchell, 472 U. S., at 530, is immediately appealable.

III

Our rejection of the one-interlocutory-appeal rule does not dispose of this case. Respondent proposes two other reasons why appeal of denial of the summary judgment motion is not available. First, he argues that no appeal is available where, even if the District Court's qualified-immunity ruling is reversed, the defendant will be required to endure discovery and trial on matters separate from the claims against which immunity was asserted. Respondent reasons that a ruling which does not reach all the claims does not "conclusively determin[e] the defendant's claim of right not to stand trial," id., at 527, and thus the order denying immunity cannot be said to be "final" within the meaning of Cohen.

It is far from clear that, given the procedural posture of the present case, respondent would be entitled to the benefit of the proposition for which he argues; but we will address the proposition on its merits. The Courts of Appeals have

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