Michael McDonald, et al v. Marico Flake, et al

Filing

OPINION and JUDGMENT filed: it is Ordered that the judgment of the district court denying Officer Flake's claim of qualified immunity is AFFIRMED, the City of Memphis's appeal is DISMISSED for lack of jurisdiction, and the plaintiffs' motion for sanctions is GRANTED, decision for publication. Alice M. Batchelder (AUTHORING); John M. Rogers, and Deborah L. Cook, Circuit Judges. [14-6258, 14-6370]

Case: 14-6258

Document: 50-2

Filed: 02/29/2016

Page: 1

UNITED STATES COURT OF APPEALS
FOR THE SIXTH CIRCUIT
Nos. 14-6258/6370
MICHAEL MCDONALD; QUINTON LYTLE,
Plaintiffs - Appellees,

FILED
Feb 29, 2016
DEBORAH S. HUNT, Clerk

v.
MARICO FLAKE (14-6258); CITY OF MEMPHIS (14-6370),
Defendants - Appellants.
Before: BATCHELDER, ROGERS, and COOK, Circuit Judges.
JUDGMENT
On Appeal from the United States District Court
for the Western District of Tennessee at Memphis.
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 judgment of the district court
denying Officer Flake’s claim of qualified immunity is AFFIRMED, the City of Memphis’s appeal is
DISMISSED for lack of jurisdiction, and the plaintiffs’ motion for sanctions is GRANTED.
ENTERED BY ORDER OF THE COURT

Deborah S. Hunt, Clerk