Sightler v. City of San Diego et al

Filing 99

ORDER Denying Chuman Certification (Dkt. 93 ). Signed by Judge Larry Alan Burns on 7/27/2018. (jdt)

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UNITED STATES DISTRICT COURT

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SOUTHERN DISTRICT OF CALIFORNIA

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Plaintiff,

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ORDER DENYING CHUMAN
CERTIFICATION [Dkt. 93]

vs.

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CASE NO. 15cv2235-LAB (RNB)

DEMETRICE SIGHTLER,

CITY OF SAN DIEGO, et al.,
Defendants.

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Four months ago the Court partially granted Defendants’ motion for summary

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judgment, but denied six San Diego police officers qualified immunity. The officers appealed.

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Demetrice Sightler now asks the Court to certify that appeal as frivolous under Chuman v.

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Wright, 960 F.2d 104 (9th Cir. 1992). Chuman held that if the “district court find[s] that the

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defendants' claim of qualified immunity is frivolous or has been waived, the district court

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may certify, in writing, that defendants have forfeited their right to pretrial appeal, and may

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proceed with trial.” Id. at 105. While the Court stands by its qualified immunity analysis, that

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doesn’t mean the appeal is frivolous, or “so baseless that it does not invoke appellate

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jurisdiction.” Marks v. Clarke, 102 F.3d 1012, 1017-18 n. 8 (1996). The motion is denied.

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IT IS SO ORDERED.
Dated: July 27, 2018
HONORABLE LARRY ALAN BURNS
United States District Judge