Marquez v. Rio Grande County, Colorado et al

Filing 60

Minute ORDER granting 52 Defendants Brian Norton, Sheriff of Rio Grande County and Boyd Wheelwright, Deputy Sheriff of Rio Grande Countys Motion for Stay of Discovery. Discovery is STAYED as to the Rio Grande Defendants until such time as the qualified immunity issue is resolved, by Magistrate Judge Michael J. Watanabe on 7/13/10.(lyg, )

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Magistrate Judge Michael J. Watanabe Civil Action No. 09-cv-02584-PAB-MJW CHRISTINA MARQUEZ, Plaintiff(s), v. RIO GRANDE COUNTY, et al., Defendant(s). MINUTE ORDER It is hereby ORDERED that Defendants Brian Norton, Sheriff of Rio Grande County and Boyd Wheelwright, Deputy Sheriff of Rio Grande County's ("Rio Grande Defendants") Motion for Stay of Discovery (docket no. 52) is GRANTED. Discovery is STAYED as to the Rio Grande Defendants until such time as the qualified immunity issue is resolved. The Rio Grande Defendants have asserted that they are entitled to qualified immunity. The qualified immunity defense protects defendants not only from liability, but also from the burdens of discovery and litigation as well. Until this threshold immunity question is resolved, discovery should not be allowed. See Cummins v. Campbell, 44 F.3d 847, 851 (10th Cir. 1994)(citing Harlow v. Fizgerald, 457 U.S. 800, 817-18 (1982); Workman v. Jordan, 958 F.2d 332, 335 (10th Cir. 1992), cert. denied, 514 U.S. 1015 (1995). Date: July 13, 2010