MARCELLE v. ALLENTOWN POLICE DEPARTMENT et al

Filing 59

ORDER THAT DEFENDANTS' MOTION TO CERTIFY ORDER FOR INTERLOCUTORY APPEAL IS GRANTED. SIGNED BY HONORABLE LAWRENCE F. STENGEL ON 9/15/10. 9/16/10 ENTERED AND COPIES MAILED, E-MAILED.(mbh, )

MARCELLE v. ALLENTOWN POLICE DEPARTMENT et al

Doc. 59

IN THE UNITED STATES DISTRICT COURT F O R THE EASTERN DISTRICT OF PENNSYLVANIA JASON MARCELLE and CRYSTAL LEGRAND, individually and as Administratrix of the Estate of DAVAIAY LEGRAND, and as parent and natural guardian of SHIANTI LEGRAND and NIJAIRE LEGRAND, minors, Plaintiffs vs. CITY OF ALLENTOWN, et al., Defendants : : : : : : : : : : : : : CIVIL ACTION

NO. 07-CV-4376

ORDER A N D NOW, this 15th day of September, 2010, upon consideration of the

d e f e n d a n ts ' motion to certify Order for interlocutory appeal (Document #48), and the p la in tif f s ' response thereto, it is hereby ORDERED that the motion is GRANTED. IT IS FURTHER ORDERED that: 1. T h e Order entered on March 31, 2010 denying in part the City of

A lle n to w n 's motion for summary judgment is hereby certified to provide the basis for an in te rlo c u to ry appeal by the City of Allentown to the United States Court of Appeals for th e Third Circuit pursuant to 28 U.S.C. § 1292(b) and the defendants are allowed ten (10) d a ys from the date of entry of this Order to petition the Court of Appeals to permit an in te rlo c u to ry appeal.

Dockets.Justia.com

2. a p p e a l:

T h e following controlling question of law is certified for interlocutory

W h e th e r the court properly applied the United States Supreme C o u rt's decision in Bd. of County Comm'rs of Bryan County v . Brown, 520 U.S. 397, 404 (1997) in concluding that a re a so n a b le jury could find from the record in this case that the C ity of Allentown's actions in hiring Officer Brett M. Guth, d e s p ite being aware of his previous driving record and then in re ta in in g him despite the tailgating incident in 2006, c o n s titu te s deliberate indifference to the safety of the public, p a rtic u la rly pedestrian bystanders.

BY THE COURT:

/s/ Lawrence F. Stengel LAWRENCE F. STENGEL, J.