Montgomery v. Warren County et al

Filing 20

ORDER cancelling hearing. Signed by Honorable David C. Bramlette, III on 11/17/2011 (PL)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF MISSISSIPPI
WESTERN DIVISION
ERNEST MONTGOMERY

PLAINTIFF

V.

CIVIL ACTION NO. 5:11-cv-00004-DCB-JMR

WARREN COUNTY, DEPUTIES BILLY HIGGINS,
MICHAEL HOLLINGSWORTH AND CHRIS SATCHER,
IN THEIR INDIVIDUAL AND OFFICIAL CAPACITIES

DEFENDANTS

ORDER CANCELLING THE NOVEMBER 30, 2011 HEARING
This cause is before the Court on the Defendants’ objection to
this Court’s October 26th, 2011 Order [docket entry no. 19]

setting

an evidentiary hearing regarding their Motion for Qualified Immunity
[docket entry no. 8]. In their Motion, the Defendants object to the
Court’s decision, stating “[b]y conducting a hearing before this
Court, these Defendants are subjected to the very circumstance which
qualified immunity attempts to avoid, and that is the burden of
litigation.” See docket entry no. 19. The Court’s earlier Order was
rendered

under

the

mistaken

impression

that

discovery

had

been

conducted in this case. Upon reconsideration, the Court agrees that
an evidentiary hearing is premature at this time. Accordingly, the
hearing is cancelled. A decision regarding the Defendants’ Motion

for Qualified Immunity [docket entry no. 8] will be forthcoming.
SO ORDERED AND ADJUDGED, this the _17th_ day of November 2011.
/s/ David Bramlette
UNITED STATES DISTRICT JUDGE