El-Tabech v. GunterEl-Tabech v. Gunter
This is a class action against prison administrators brought under 42 U.S.C. § 1983, seeking declaratory relief, injunctive relief, and damages. After an 18-day trial, a magistrate judge recommended that judgment be entered in favor of plaintiffs on their primary claim for injunctive relief and that defendants be granted qualified immunity from plaintiffs’ claim for damages. The district court adopted the magistrate judge’s recommendations in their entirety and entered judgment on plaintiffs’ prayer for an injunction.
Plaintiffs have moved to dismiss the appeal as premature. They argue that we have no jurisdiction because the district court entered no final order, see 28 U.S.C. § 1291, and
We agree with plaintiffs that we have no jurisdiction to consider this case. No label can confer finality on an order that is not final in a functionally real sense, and the posture of this case is such that it is clear that none of the papers filed in it is a final order. The actual scope of the relief is yet to be defined. The plan to be submitted will be incorporated into an injunction, and it is that injunction that will become a final order for appeal purposes. It is not simply that the nature of the relief remains to be refined. It simply has no cognizable shape at the moment. See Groseclose v. Dutton,
Nor can we say that the court has entered an injunction in this case. 28 U.S.C. § 1292(a)(1) is construed strictly, in keeping with the federal policy against piecemeal review. See Hendrickson v. Griggs,
The appeal is therefore dismissed.