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)

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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. -2-

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