Cormier et al vs. Lafayette City-Parish Consolidated Government et al
Filing
106
ORDER granting in part and denying in part 105 Motion for Certification of Court Rulings on Motions for Summary Judgment for Interlocutory and/or Final Appeal. IT IS FURTHER ORDERED that this case be STAYED until such time as theCourt of Appeals for the Fifth Circuit resolves the appeal. Signed by Magistrate Judge Patrick J Hanna on 11/22/2011. (crt,Dauterive, C)
UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF LOUISIANA
LAFAYETTE DIVISION
JOSEPH BOWMAN CORMIER, ET AL.
CIVIL ACTION NO. 6:09-cv-0703
VERSUS
MAGISTRATE JUDGE HANNA
LAFAYETTE CITY PARISH
CONSOLIDATED GOVERNMENT,
ET AL.
BY CONSENT OF THE PARTIES
ORDER
Considering the “Motion for Certification of Court Rulings on Motions for
Summary Judgment for Final and/or Interlocutory Appeal” filed by defendants Cpl.
Heather Martin, Lt. Nolvey Stelly, and Lafayette City-Parish Consolidated
Government (Rec. Doc. 105),
IT IS ORDERED that the motion is GRANTED IN PART and DENIED IN
PART. More particularly,
The judgment on the defendants’ motion for summary judgment (Rec. Doc.
103), denying qualified immunity and/or absolute immunity is appealable as of right
pursuant to Mitchell v. Forsyth, 472 U.S. 511, 530 (1985), without further
designation. Therefore, the motion for certification under Fed.R.Civ.P. 54(b) is
DENIED.
The court certifies that the judgment on the defendants’ motion for summary
judgment (Rec. Doc. 103), denying dismissal under the Heck doctrine 1) involves a
controlling question of law, 2) as to which there is a substantial ground for difference
of opinion, and 3) immediate appeal from the judgment would materially advance the
ultimate termination of this litigation. Therefore the motion to certify the judgment
for appeal pursuant to 28 U.S.C. § 1292(b) is GRANTED and the court hereby
certifies this Order for interlocutory appeal pursuant to 28 U.S.C.§ 1292(b).
IT IS FURTHER ORDERED that this case be stayed until such time as the
Court of Appeals for the Fifth Circuit resolves the appeal.
Signed at Lafayette, Louisiana, this 22nd day of November 2011.
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