912
Syllabus
tory appeal. Petitioners' arguments are not strong enough to overcome two considerable hurdles. First, the normal presumption against preemption is buttressed here by the fact that the Idaho Supreme Court's dismissal of the appeal rested squarely on a neutral state rule for administering state courts. Howlett v. Rose, 496 U. S. 356, 372. Second, because the qualified immunity defense's ultimate purpose is to protect the State and its officials from overenforcement of federal rights, Rule 11(a)(1)'s application in this context is less an interference with federal interests, as petitioners claim, than a judgment about how best to balance competing state interests. In arguing that pre-emption is necessary to avoid different "outcomes" in § 1983 litigation based solely on whether the claim is asserted in state or federal court, petitioners misplace their reliance on Felder v. Casey, 487 U. S. 131, 138. "[O]utcom[e]," as used there, referred to the ultimate disposition of the case, whereas the postponement of the appeal until after final judgment will not affect the ultimate outcome of this case if petitioners' qualified immunity claim is meritorious. Their argument that Rule 11(a)(1) does not adequately protect their right to prevail on the immunity question in advance of trial also fails, given the precise source and scope of the federal right at issue. In contrast to the right to have the trial court rule on the immunity defense's merits, which presumably has its source in § 1983 and is fully protected by Idaho, the right to immediate appellate review of such a ruling in a federal case has its source in § 1291, not § 1983, see Johnson v. Jones, 515 U. S. 304, 317, and is a federal procedural right that simply does not apply in a nonfederal forum. Pp. 918-923.
Affirmed.
Stevens, J., delivered the opinion for a unanimous Court.
Michael S. Gilmore, Deputy Attorney General of Idaho, argued the cause for petitioners. With him on the briefs were Alan G. Lance, Attorney General, David G. High, Chief Deputy Attorney General, and Margaret R. Hughes, Deputy Attorney General. W. B. Latta, Jr., argued the cause for respondent. With him on the brief was Eric Schnapper.*
*A brief of amici curiae was filed for the Commonwealth of Kentucky et al. by A. B. Chandler III, Attorney General of Kentucky, Bill Pettus, Assistant Attorney General, Scott White, Assistant Deputy Attorney General, and Brent Irvin, Assistant Attorney General, and by the Attorneys
Page: Index Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 NextLast modified: October 4, 2007