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