Austin v. Long

Filing 67

ORDER re 63 Notice of Appeal filed by Fletcher Long. The Court orders a stay of proceedings including the 6/2/2014 trial pending the Eighth Circuit's ruling. Signed by Judge Robert T. Dawson on 5/9/2014. (fcd)

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
HELENA DIVISION
GARY V. AUSTIN
v.

PLAINTIFF
Case No. 2:12-CV-00076-RTD

FLETCHER LONG, Individually
and in his Official Capacity as the
Prosecuting Attorney for the First
Judicial District for the STATE OF
ARKANSAS

DEFENDANT

ORDER
Defendant Fletcher Long has filed a Notice of Appeal (doc.
63) on the Court’s denial of qualified immunity.

“A defendant

may immediately appeal a district court’s denial of qualified
immunity under the collateral order doctrine.”

Twiggs v. Selig,

679 F.3d 990, 993 (8th Cir. 2012) (citing Ottman v. City of
Independence, Mo., 341 F.3d 751, 755-56 (8th Cir. 2003)).
Based on the foregoing, the Court orders a STAY of the
proceedings, including the trial scheduled to begin Monday, June
2, 2014, pending the Eighth Circuit’s ruling.
IT IS SO ORDERED this 9th day of May, 2014.
/s/ Robert T. Dawson
Honorable Robert T. Dawson
United States District Judge

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