Opinion
Case No. 12-CV-13763
01-22-2014
NICOLE HARRIS, Personal Representative of the estate of Jkhary Craft, deceased, Plaintiff, v. OFFICER EDWARD LASSEIGNE, et al, Defendants.
HON. GEORGE CARAM STEEH
ORDER STAYING PROCEEDINGS
On December 13, 2013, this court issued an order granting in part and denying in part defendants' motions for summary judgment, finding that defendant Lasseigne was not entitled to qualified immunity on plaintiff's claims brought under 42 U.S.C. § 1983. Lasseigne, the sole remaining defendant, has filed a notice of appeal, but has not requested a stay of the proceedings in this court.
Lasseigne's immediate appeal of the court's order was filed pursuant to 28 U.S.C. § 1291, in accordance with Mitchell v. Forsyth, 472 U.S. 511, 528-530 (1985). The decision of Yates v. City of Cleveland, 941 F.2d 444, 449 (6th Cir. 1991) addressed the potential for abuse by defendants in this situation, noting that a Forsyth appeal "brings with it a concomitant responsibility on the part of the defendant to exercise 'a reasonable modicum of diligence in the exercise of that right.'" Id. (citing Kennedy v. City of Cleveland, 797 F.2d 297, 301 (6th Cir. 1986)). Thus, a district court that determines that such an appeal is frivolous, filed for the purpose of delaying trial, may "certify an appeal as frivolous and begin the trial..." Id. (citing Apostol v. Gallion, 870 F.2d 1335, 1338 (7th Cir. 1989)). Because the court does not consider Lasseigne's action to be frivolous, despite the absence of a request, all proceedings in the district court case are hereby STAYED and the matter is administratively closed pending appeal.
IT IS SO ORDERED.
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GEORGE CARAM STEEH
UNITED STATES DISTRICT JUDGE
CERTIFICATE OF SERVICE
Copies of this Order were served upon attorneys of record on
January 22, 2014, by electronic and/or ordinary mail.