Mustapha Younes v. Christopher Pellerito, et al

Filing

OPINION and JUDGMENT filed: The officers appeal of the district court s denial of qualified immunity for lack of jurisdiction is DISMISSED, the district court s denial of governmental immunity is AFFIRMED, and the case is REMANDED to the district court to proceed with trial. Decision for publication. David W. McKeague and Jane Branstetter Stranch (AUTHORING), Circuit Judges; Curtis L. Collier, Chief District Judge for the Eastern District of Tennessee, sitting by designation.

Case: 13-1103

Document: 006111930690

Filed: 01/09/2014

Page: 1

UNITED STATES COURT OF APPEALS
FOR THE SIXTH CIRCUIT
No. 13-1103

FILED

MUSTAPHA HASSAN YOUNES,
Plaintiff - Appellee,

Jan 09, 2014
DEBORAH S. HUNT, Clerk

v.
OFFICER CHRISTOPHER PELLERITO,
OFFICER TIM CIOCHON, and SGT. JOANNE BEEDLE-PEER,
in individual and official capacities,
Defendants - Appellants.
Before: McKEAGUE and STRANCH, Circuit Judges; COLLIER, District Judge.
JUDGMENT
On Appeal from the United States District Court
for the Eastern District of Michigan at Detroit.
THIS CAUSE was heard on the record from the district court and was submitted on the
briefs without oral argument.
IN CONSIDERATION WHEREOF, it is ORDERED that the officers’ appeal of the
district court’s denial of qualified immunity for lack of jurisdiction is DISMISSED, the district
court’s denial of governmental immunity is AFFIRMED, and the case is REMANDED to the
district court to proceed with trial.
ENTERED BY ORDER OF THE COURT

Deborah S. Hunt, Clerk