Lawrence v. West et al
Filing
27
ORDERED as follows: (1) Defendants' motion to stay (doc. no. 24 ), as it pertains to defendants Lowndes County, Lowndes County Sheriff's Office, and Christopher West in his official capacity, is granted. (2) Defendants' motion to stay (doc. no. 24 ), as it pertains to defendant West in his individual capacity, is denied. (3) Defendants are directed to preserve all relevant evidence in defendants possession. Signed by Honorable Judge Myron H. Thompson on 1/16/2018. (kh, )
IN THE DISTRICT COURT OF THE UNITED STATES FOR THE
MIDDLE DISTRICT OF ALABAMA, NORTHERN DIVISION
TYANIS LAWRENCE,
)
)
Plaintiff,
)
)
v.
)
)
CHRISTOPHER WEST,
)
individually and in his
)
official capacity, et al., )
)
Defendants.
)
CIVIL ACTION NO.
2:17cv611-MHT
(WO)
ORDER
Before
the
court
is
defendants’
motion
to
stay
discovery and all Rule 26 obligations (doc. no. 24).
Defendants
seek
a
stay
of
discovery
pending
the
resolution of their motion to dismiss, which asserts
that all claims against defendants Lowndes County, the
entity designated by the plaintiff Tyanis Lawrence as
Lowndes County Sheriff’s Office, and Christopher West
in his official capacity are due to be dismissed on
various immunity theories.
Lawrence does not object to
the stay regarding the defendants asserting immunity,
and
it
is
in
the
interest
of
both
the
parties
and
judicial efficiency to decide the threshold question of
immunity prior to permitting discovery.
City
of
2017)
Enterprise,
(emphasizing
861
F.3d
the
1300,
importance
See Howe v.
1302
(11th
of
Cir.
resolving
questions regarding immunity at the earliest stage of
litigation, as “immunity is a right not to be subjected
to litigation beyond the point at which immunity is
asserted.”)
However, because defendants do not argue
that West is entitled to immunity in his individual
capacity, there is no reason to stay those discovery
obligations.
***
Accordingly, it is ORDERED as follows:
(1) Defendants’ motion to stay (doc. no. 24), as it
pertains to defendants Lowndes County, Lowndes
County Sheriff’s Office, and Christopher West
in his official capacity, is granted.
(2) Defendants’ motion to stay (doc. no. 24), as it
pertains to defendant West in his individual
capacity, is denied.
2
(3) Defendants
are
directed
to
preserve
all
relevant evidence in defendants’ possession.
DONE, this the 16th day of January, 2018.
/s/ Myron H. Thompson
UNITED STATES DISTRICT JUDGE
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