Alcocer v. Bulloch County Sheriff's Office et al

Filing 115

ORDER staying this case pending a decision by the Eleventh Circuit Court of Appeals. Signed by Chief Judge J. Randal Hall on 11/21/17. (jrb)

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IN THE UNITED STATES DISTRICT SOUTHERN DISTRICT COURT FOR THE OF GEORGIA STATESBORO DIVISION FILED Scott L. Poff, Clerk United States District Court * JUDITH ALCOCER, By James Burrell at 2:18 pm, Nov 21, 2017 Plaintiff, * CV 615-94 v, BULLOCH COUNTY SHERIFF'S * OFFICE, * et al., Defendants. * ORDER Defendants immunity. (Doc. have appealed 111.) When this Court's a district denial court of qualified denies qualified immunity, the Eleventh Circuit has interlocutory jurisdiction as long as the denial is "based even in part on a disputed issue of law" and the appeal is non-frivolous. (11th Cir. 1996). id. at n.l, Cottrell v. Caldwell, 85 F.3d 1480, 1485 Because arguable probable cause is an issue of law, and Defendants' appeal is non-frivolous, the Eleventh Circuit has interlocutory jurisdiction over Defendants' appeal. Thus, the Court STAYS this case pending a decision by the Eleventh Circuit. ORDER ENTERED November, at Augusta, Georgia, this oc/ daY 2017. HALL, 'CHIEF JUDGE STATES DISTRICT COURT DISTRICT OF GEORGIA of

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