Mitchell v. Zweibon

How later courts describe this case

• finding the collateral order test satisfied because the question of immunity from suit was totally unconnected with the merits of the action
• also cited as Forsyth I because the court of appeals decided both cases in a single opinion
• statute designed to deter or prevent government from improperly invading individual privacy
• “the decision of the Attorney General, or a prosecuting attorney, to initiate a prosecution is not made in a vacuum ... [t]he right to make the decision ... must include some limited right to gather necessary information”
• If Attorney General's authorization of warrantless wiretap was made in attempt to secure information to determine whether to initiate a criminal prosecution, then he was entitled to absolute immunity. Case remanded to district court for development of the record
• claim of absolute official immunity