United States Seventh Circuit
Wilson v. O'Brien, 10-2417
In plaintiff's 42 U.S.C. section 1983 suit against the City of Chicago and persons associated with his prosecution for attempted murder, brought after a state court set aside the conviction, plaintiff's and a witness's interlocutory appeal is dismissed for lack of jurisdiction as the collateral-order doctrine does not support an interlocutory appeal by a party to the litigation who contends that the district judge erred in resolving a dispute about an evidentiary privilege. Here, the privilege belonged to the plaintiff, not the witness, who was a law student at the time he interviewed plaintiff for the acts of which he had been convicted, and Mohawk Industries holds that the district court's resolution of the question of whether defendants may use the witness's deposition that they now possess is to be reviewed on appeal from the final decision.
Appellate Information
- Argued 08/05/2010
- Decided 09/03/2010
- Published 09/03/2010
Judges
Court
- United States Seventh Circuit