McCraven v. Sanders et al

Filing 73

ORDER STAYING CASE including the trial scheduled to begin Monday,October 27, pending the Eighth Circuits ruling. Signed by Honorable Robert T. Dawson on October 22, 2008. (dmc)

IN THE UNITED STATES DISTRICT COURT WESTERN DISTRICT OF ARKANSAS HOT SPRINGS DIVISION JAN MCRAVEN, GUARDIAN OF THE PERSON AND ESTATE OF STEVEN MCFARLAND, AN INCAPACITATED PERSON PLAINTIFF vs. CASE NO. 07-6019

LARRY SANDERS, INDIVIDUALLY AND AS SHERIFF OF GARLAND COUNTY, ARKANSAS; CAPTAIN MELVIN STEED, INDIVIDUALLY AND AS JAIL ADMINISTRATOR FOR ADULT DETENTION FOR GARLAND COUNTY, ARKANSAS; LT. JUDY MCMURRIAN INDIVIDUALLY AND AS A SUPERVISORY OFFICER FOR GARLAND COUNTY ARKANSAS; SGT. RONALD RADLEY, INDIVIDUALLY AND AS 7am-3pm SHIFT SUPERVISOR FOR THE GARLAND COUNTY ADULT DETENTION CENTER; SGT. DONALD ANSLEY, INDIVIDUAL AND AS 3pm-11pm SHIFT SUPERVISOR FOR THE GARLAND COUNTY ADULT DETENTION CENTER; DEPUTY JOHN DODGE, INDIVIDUALLY AND AS AN OFFICER OF THE GARLAND COUNTY SHERIFF'S DEPARTMENT; DEPUTY J.D. HENRY, INDIVIDUALLY AND AS AN OFFICER OF THE GARLAND COUNTY SHERIFF'S DEPARTMENT; AND NURSE TOMMY L. HARMON, LPN INDIVIDUALLY AND AS NURSE FOR THE GARLAND COUNTY ADULT DETENTION CENTER ORDER

DEFENDANTS

Defendants have filed a Notice of Interlocutory Appeal (Doc. 72) on the Court's denial of qualified immunity. A Defendant is

entitled to file an interlocutory appeal of a district court's denial of qualified immunity pursuant to the collateral order doctrine. Ottman v. City of Independence, Mo., 341 F.3d 751, 75556 (8th Cir. 2003). A denial of a state official's assertion of qualified immunity is immediately appealable. Irving v. Dormire, 519 F.3d 441, 445 (8th Cir. 2008).

Based on the foregoing, the Court orders a STAY of the proceedings, including the trial scheduled to begin Monday, October 27, pending the Eighth Circuit's ruling. IT IS SO ORDERED this 22nd day of October, 2008. /s/ Robert T. Dawson Honorable Robert T. Dawson United States District Judge

-2-