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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1 2 3 4 5 6 7 UNITED STATES DISTRICT COURT 8 9 SOUTHERN DISTRICT OF CALIFORNIA 10 11 Plaintiff, 12 ORDER DENYING CHUMAN CERTIFICATION [Dkt. 93] vs. 13 14 CASE NO. 15cv2235-LAB (RNB) DEMETRICE SIGHTLER, CITY OF SAN DIEGO, et al., Defendants. 15 16 Four months ago the Court partially granted Defendants’ motion for summary 17 judgment, but denied six San Diego police officers qualified immunity. The officers appealed. 18 Demetrice Sightler now asks the Court to certify that appeal as frivolous under Chuman v. 19 Wright, 960 F.2d 104 (9th Cir. 1992). Chuman held that if the “district court find[s] that the 20 defendants' claim of qualified immunity is frivolous or has been waived, the district court 21 may certify, in writing, that defendants have forfeited their right to pretrial appeal, and may 22 proceed with trial.” Id. at 105. While the Court stands by its qualified immunity analysis, that 23 doesn’t mean the appeal is frivolous, or “so baseless that it does not invoke appellate 24 jurisdiction.” Marks v. Clarke, 102 F.3d 1012, 1017-18 n. 8 (1996). The motion is denied. 25 26 27 28 IT IS SO ORDERED. Dated: July 27, 2018 HONORABLE LARRY ALAN BURNS United States District Judge

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