Linda A. Nelson v. Steven Silverman

Bivens defendant Steven Silverman appeals the district court’s denial of his. motion for summary judgment on the ground of qualified immunity. This is the second time he has filed a pre-trial appeal in connection with his assertion of a qualified immunity defense in this action. We dismiss the present appeal for lack of jurisdiction.

I

The facts are simple. On June 24, 1988, plaintiff Linda Nelson filed a Bivens suit against I.R.S. agent Steven Silverman, claiming that he violated her fourth, fifth, and sixth amendment rights by garnishing her wages and seizing her house even though he knew she owed no taxes. Silverman moved to dismiss for failure to state a claim or in the alternative for summary judgment, on the ground of qualified immunity. The district court denied the motion on July 25, 1989. Silverman filed an interlocutory appeal on October 6, 1989. Several months later, on February 9, 1990, Silverman stipulated to the dismissal of the appeal “with prejudice.”

On July 29, 1991, Silverman again moved the district court for summary judgment on the ground of qualified immunity. The district court again denied the motion in an order dated July 31, 1991. Silverman again filed…