United States Eighth Circuit

An interlocutory appeal brought by the Secretary for the Nebraska State Racing Commission and three commissioners, which arose following denial of absolute, quasi-judicial immunity for claims brought against them in their official capacities, is dismissed for lack of jurisdiction as absolute, quasi-judicial immunity is not available to defendants for claims against them in their official capacities, and thus, they could not seek an interlocutory appeal from the denial of such.

Appellate Information

• Decided 09/26/2007
• Published 09/26/2007

Judges

• SMITH, Circuit Judge., Before MELLOY, SMITH, and GRUENDER, Circuit Judges.

Court

• United States Eighth Circuit

Counsel

• For Appellant:
  
• Jennifer M. Tomka, Assistant Attorney General, argued, Kevin K. Stephenson, Assistant Attorney General, on the brief, Lincoln, NE, for appellant.


• For Appellees:
  
• Terri Marie Weeks, argued, Lincoln, NE, O. William VonSeggern, on the brief, Grand Island, NE, for appellee.