Swint v. Chambers County Commission

Summary

Justice Ginsburg delivered the unanimous opinion holding that the Eleventh Circuit lacked jurisdiction to review the interlocutory denial of the Chambers County Commission’s summary judgment motion. The denial was not an appealable collateral order because it was tentative and because the commission asserted a defense to liability, not immunity from suit. Jurisdiction over the individual officers’ qualified-immunity appeals did not authorize pendent party appellate review of the unrelated question of county liability. The Court left open whether pendent appellate review might be permissible for inextricably intertwined rulings or when necessary to ensure meaningful review of an appealable ruling. It vacated the portion of the appellate judgment concerning the commission and remanded without deciding whether the sheriff was a county policymaker. There were no separate opinions.