The following excerpt is from Cooper v. Dupnik, 963 F.2d 1220 (9th Cir. 1992):
The district court had jurisdiction under 28 U.S.C. 1331 (1988). We have jurisdiction of this timely appeal pursuant to 28 U.S.C. 1291 (1988). The district court's denial of qualified immunity is appealable pursuant to Mitchell v. Forsyth, 472 U.S. 511, 524-30, 105 S.Ct. 2806, 2814-18, 86 L.Ed.2d 411 (1985).
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