Flores-Haro et al v. Slade et al

Filing 222

OPINION AND ORDER. I find that the appeals, taken as a whole, are notfrivolous and I GRANT the motion to stay. Signed on 1/25/16 by Judge Michael W. Mosman. (dls)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF OREGON
PORTLAND DIVISION
ADALBERTO FLORES-HARO et al.,
Case No. 3:12-cv-01616-MO
Plaintiffs,
OPINION AND ORDER
v.
STEPHEN SLADE et al.,
Defendants.
MOSMAN, J.,
At issue is whether I regard the appeals taken in this case as frivolous and whether to
grant the Defendants’ motion to stay [216]. I find that the appeals, taken as a whole, are not
frivolous and I GRANT the motion to stay.
If the only appeal were from my ruling on qualified immunity, it would be a close
question whether this is a proper interlocutory appeal or whether it is a frivolous appeal which
would not divest me of jurisdiction. Certainly, taking the facts in the light most favorable to
Plaintiff, there is little doubt that qualified immunity is inappropriate. However, the scope of the
appeal includes my rulings on qualified immunity, the Heck doctrine, and the state law battery
claim. Collectively, they present several close questions. In particular, reasonable minds can
differ on my interpretation of the Heck doctrine. For that reason, the appeal is not a frivolous
one. Taking them collectively makes sense in this case. Qualified immunity, issue preclusion,
and Heck all have the common goal of avoiding trial. Indeed, much of the value of the Heck
doctrine—comity, federalism, and avoidance of parallel litigation—is lost if there is a trial. Due
to this common goal, I believe that it makes sense to combine the issues and to look at them
together in interlocutory review. The factors of 28 U. S. C. § 1292(b) are met in that this appeal
1 –OPINION AND ORDER

presents a controlling question of law as to which there is substantial ground for difference of
opinion, and an immediate appeal may materially advance the ultimate termination of the
litigation.
DATED this 25 day of January, 2016.

/s/ Michael W. Mosman
______________________
MICHAEL W. MOSMAN
United States District Judge

2 –OPINION AND ORDER