Hawkinson v. Montoya

Full title: PATRICK M. HAWKINSON, Plaintiff, v. JAMES A. MONTOYA, R. LYNN KEENER…

Court: United States District Court, D. Colorado

Date published: Jul 18, 2006

Civil Action No. 04-cv-01271-EWN-BNB (D. Colo. Jul. 18, 2006)

Opinion

Civil Action No. 04-cv-01271-EWN-BNB.

July 18, 2006

ORDER

BOYD BOLAND, Magistrate Judge

This matter is before me on Defendant Montoya's Motion to Stay Pretrial Proceedings Pending Decision on his Motion to Dismiss Plaintiff's First Amended and Supplemented Prisoner Complaint [Doc. #148, filed 6/30/06] (the "Motion"). Defendant Montoya seeks an order staying proceedings in this case pending the Court's determination of his qualified immunity defense.

"[Q]ualified immunity is not only a defense to liability but also to entitlement to immunity from suit and other demands of litigation." Workman v. Jordan, 958 F.2d 332, 336 (10^th Cir. 1992) (citations omitted). "Discovery should not be allowed until the court resolves the threshold question whether the law was clearly established at the time the allegedly unlawful action occurred." Id. Accordingly,

IT IS ORDERED that the defendant's Motion is GRANTED.