Doe et al v. Flaherty et al

Filing 48

ORDER granting 45 Motion to Stay and this action is hereby administratively terminated pending adjudication of defendants interlocutory appeal by the Court of Appeals for the Eighth Circuit. Signed by Honorable Jimm Larry Hendren on June 29, 2009. (dmc)

IN THE UNITED STATES DISTRICT COURT WESTERN DISTRICT OF ARKANSAS HOT SPRINGS DIVISION JOHN DOE AND MARTHA ROE, Individually and as Next Friends of JANE DOE, a minor VS. CASE NO. 08-6076 DEFENDANTS

PLAINTIFFS

DELIGHT PUBLIC SCHOOL DISTRICT, et al. ORDER

Currently before the Court is the defendants' Notice of Interlocutory Appeal and Motion to Stay (Docs. 44, 45). Defendants seek to stay this action to permit them to pursue an interlocutory appeal of this Court's ruling (Doc. 29) denying Defendant Tanya Wilcher qualified immunity. It is well settled that a denial of summary judgment on the grounds of qualified immunity may be reviewed on interlocutory appeal. See Mitchell v. Forsyth, 472 U.S. 511, 528 n. 9; Vaughn v. Accordingly, defendants'

Gray, 557 F.3d 904, 908 (8th Cir. 2009).

Motion to Stay (Doc. 45) is hereby GRANTED and this action is hereby administratively terminated pending adjudication of

defendants' interlocutory appeal by the Court of Appeals for the Eighth Circuit. IT IS SO ORDERED this 29th day of June, 2009.

/S/JIMM LARRY HENDREN JIMM LARRY HENDREN UNITED STATES DISTRICT JUDG 1