Mitchell v. Forsyth

holding notice adequate even when final rule setting standard for allowable exposure of airborne lead in workplace was twice as stringent as proposed rule | finding the collateral order test satisfied because the question of immunity from suit was totally unconnected with the merits of the action | finding the collateral order test satisfied because the question of immunity from suit was totally unconnected with the merits of the action | "[A] final rule may properly differ from a proposed rule ... when the record evidence warrants the change." | “[A] final rule may properly differ from a proposed rule ... when the record evidence warrants the change” | 15% level of minority and women employment with regards to city’s.major construction contracts | 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 | claim of absolute official immunity