Mitchell v. Zweibon

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 | 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 | claim of absolute official immunity