Powell v. Miller
2017 U.S. App. LEXIS 4012
10th Cir.2017Background
- Powell sued prosecutor Miller for alleged suborned perjury and misconduct related to Powell's 1997 murder conviction.
- Miller moved to dismiss; the district court denied qualified immunity on post-trial actions but later Miller sought reconsideration.
- The district court denied Miller's reconsideration; Miller did not appeal that denial at the time.
- Years later Miller appealed the denial of his motion to reconsider, arguing for appellate review of the qualified-immunity ruling.
- The panel held it lacks appellate jurisdiction to review the denial of reconsideration and dismisses the appeal.
- The court notes Mitchell v. Forsyth allows immediate appeal of some qualified-immunity rulings, but not denial of reconsideration.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the appeal from the denial of reconsideration is jurisdictionally permissible | Miller argues reconsideration denial is appealable under Mitchell framework | Powell argues the denial of reconsideration is not immediately appealable | Appeal dismissed for lack of jurisdiction |
| Whether the collateral-order doctrine supports immediate appeal from reconsideration denial | Miller contends reconsideration denial resolves an important legal issue | Court disagrees that reconsideration denial presents an immediate collateral issue | Not immediately appealable; collateral-order doctrine does not apply |
Key Cases Cited
- Mitchell v. Forsyth, 472 U.S. 511 (1985) (immediate appeal of some qualified-immunity rulings under Cohen framework)
- Cohen v. Beneficial Indus. Loan Corp., 337 U.S. 541 (1949) (collateral-order doctrine criteria)
- Lora v. O’Heaney, 602 F.3d 106 (2d Cir. 2010) (interlocutory denial of reconsideration not generally immediately appealable)
- Phillips v. Montgomery Cty., 24 F.3d 736 (5th Cir. 1994) (reconsideration-based appeals not guaranteed legitimacy)
- Taylor v. Carter, 960 F.2d 763 (8th Cir. 1992) (dismissing appeal for lack of jurisdiction when seeking reconsideration)
- Behrens v. Pelletier, 516 U.S. 299 (1996) (clarifies finality of summary-judgment qualified-immunity rulings)
- Weise v. Casper, 507 F.3d 1260 (10th Cir. 2007) (distinguishes final-judgment review from interlocutory reconsideration review)