Mark H.k. Greer, Respondent/plaintiff-Appellee v. Rosalyn H. Baker, Petitioner/defendant-Appellant, and State Of…

Summary

The court held that the denial of a legislator’s claim of absolute legislative immunity is immediately appealable under the collateral order doctrine. The order conclusively resolved the immunity issue, which was separate from the merits, and postponing review would deprive the legislator of the protection against standing trial and other litigation burdens. The court vacated the ICA’s dismissal and remanded for consideration of the appeal on the merits.