Opinion
18-12964
02-23-2022
E.W., Plaintiff, v. DETROIT PUBLIC SCHOOLS, et al., Defendants.
ORDER STAYING CASE AND ADMINISTRATIVELY CLOSING CASE
DENISE PAGE HOOD, UNITED STATES DISTRICT JUDGE
Defendants in this matter filed a Notice of Appeal from the Court's Order granting in part and denying in part the Motion for Summary Judgment. (ECF No. 65) “A denial of summary judgment is generally not a final judgment.” Haynes v. City of Circleville, Ohio, 474 F.3d 357, 361 (6th Cir. 2007)(quoting Hoover v. Radabaugh, 307 F.3d 460, 465 (6th Cir. 2002)). A denial of a motion for summary judgment on the ground of qualified immunity may be appealed as a collateral order where (1) the defendant is a public official asserting the defense of qualified immunity and (2) the issue appealed concerns not which facts the parties might be able to prove, but whether certain alleged facts reflect a violation of clearly established law. Haynes, 474 F.3d at 361. The Court will stay the matter until the resolution of the appeal. See Mithcell v. Forsyth, 472 U.S. 511 (1985).
Accordingly, IT IS ORDERED that this action is STAYED and ADMINISTRATIVELY CLOSED. The action may be reopened after a party provides the Court with notice that a mandate has been issued from the Sixth Circuit Court of Appeals.