Geo Group, Inc. v. Menocal · ¶51

Given that the designation of a defense as an immunity is dispositive under the collateral-order doctrine, our Court has stringently guarded the designation. See Midland Asphalt Corp. v. United States, 489 U. S. 794, 801 (1989). After all, “virtually every right that could be enforced appropriately by pretrial dismissal” could be loosely described as an immunity from suit. Digital Equipment, 511 U. S., at 873. But treating every such right as an immunity would permit the “narrow” collateral-order doctrine to “swallow” the final- judgment rule in “virtually every case.” Id., at 868, 873 (internal quotation marks omitted). Our Court has therefore recognized the need to distinguish “between a right not to be tried and a right whose remedy requires the dismissal of charges.” United States v. Hollywood Motor Car Co., 458 U. S. 263, 269 (1982) (per curiam). And we have explained that…

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