Geo Group, Inc. v. Menocal · ¶66

On the other side of the ledger, we have held that several defenses are not immunities even though they do not turn on the legality of the defendant's conduct. For instance, this Court has held that neither the Federal Tort Claims Act's judgment bar nor a criminal defendant's right against vindictive prosecution qualifes as an immunity from suit, even though neither defense concerns a defendant's challenged conduct. See Will, 546 U. S., at 353–355; Hollywood Motor Car Co., 458 U. S., at 267–270; see also Digital Equipment Corp., 511 U. S., at 884 (holding that a lower court's refusal to enforce a settlement agreement against a plaintiff 's claims was not a collateral order).

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