Opinion
20-13064
04-10-2023
KAMEL CHANEY-SNELL, Plaintiff, v. ANDREW YOUNG, ST. CLAIR COUNTY, ANDREW TEICHOW, and CITY OF PORT HURON, Defendants.
ORDER STAYING AND ADMINISTRATIVELY CLOSING CASE
Nancy G. Edmunds, United States District Judge
In this civil rights lawsuit filed pursuant to 42 U.S.C. § 1983, Plaintiff Kamel Chaney-Snell brought a Fourth Amendment claim against Defendant Officers Andrew Young and Andrew Teichow and a Monell claim against Defendants St. Clair County and City of Port Huron. In an opinion and order on the parties' motions for summary judgment, the Court dismissed Plaintiff's Monell claim against both municipalities but found that Defendant Officers are not entitled to the defense of qualified immunity and thus Plaintiff's Fourth Amendment claim against Officers Young and Teichow survives summary judgment. (ECF. 39.) Both Defendant Officers filed a notice of appeal to the Sixth Circuit Court of Appeals. (ECF Nos. 45, 47.)
While the denial of summary judgment is generally not a final, appealable order under 28 U.S.C. § 1291, “‘a district court's denial of a claim of qualified immunity, to the extent that it turns on an issue of law,' falls within a limited category of immediately appealable collateral orders.” Estate of Barnwell v. Grigsby, 681 Fed.Appx. 435, 439 (6th Cir. 2017) (quoting Mitchell v. Forsyth, 472 U.S. 511, 530 (1985)). Courts often stay the district court proceedings pending interlocutory appeals of the qualified immunity issue. See, e.g., Essex v. County of Livingston, 518 Fed.Appx. 351, 354 (6th Cir. 2013); Richko v. Wayne County Sheriff's Dep't, No. 12-CV-11232, 2015 U.S. Dist. LEXIS 57922, at *2 (E.D. Mich. May 4, 2015). Thus, IT IS HEREBY ORDERED that this action is STAYED and CLOSED for administrative purposes pending resolution of the interlocutory appeal. The case will be reopened once the Sixth Circuit issues its mandate.
SO ORDERED.
I hereby certify that a copy of the foregoing document was served upon counsel of record on April 10, 2023, by electronic and/or ordinary mail.