Lewis v. Charter Twp. of Flint

Full title: CARMITA LEWIS, as personal representative of the Estate of Dominque Lewis…

Court: UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION

Date published: Feb 2, 2017

Case No. 15-11430 (E.D. Mich. Feb. 2, 2017)

Opinion

Case No. 15-11430

02-02-2017

CARMITA LEWIS, as personal representative of the Estate of Dominque Lewis, Plaintiff, v. CHARTER TOWNSHIP OF FLINT, FLINT POLICE OFFICER MATTHEW NEEDHAM, Defendants.

HON. AVERN COHN

ORDER DENYING DEFENDANTS' MOTION FOR STAY (Doc. 52) ¹

1 Upon review of the parties' papers, the Court deems this matter appropriate for decision without oral argument. See Fed. R. Civ. P. 78(b); E.D. Mich. LR 7.1(f)(2). --------

This is a case under 42 U.S.C. § 1983 involving a fatal police shooting. Plaintiff Carmita Lewis, as personal representative of the Estate of Dominique Lewis, is suing the Charter Township of Flint and Flint Police Officer Matthew Needham.

Defendants took an appeal to the Court of Appeals for the Sixth Circuit from the Court's qualified immunity decision. Proceedings were stayed by the Sixth Circuit pending appal. Lewis v. Charter Twp. of Flint, No. 15-1908 (Jan. 4, 2016).

The Sixth Circuit affirmed the Court and held that based on the video alone, Needham is not entitled to qualified immunity. Lewis v. Charter Twp. of Flint, No. 15-1908 (6^th Cir. Aug. 22, 2016). The Sixth Circuit denied rehearing en banc. Lewis v. Charter Twp. of Flint, No. 15-1908 (6^th Cir. Oct. 12, 2016). On January 10, 2017, Needam filed a petition for a writ of certiorari with the Supreme Court. See Doc. 52-3.

Before the Court is defendants' motion for stay of proceedings pending a decision on Needham's petition for certiorari. The motion is DENIED. Discovery shall go forward.

SO ORDERED.

S/Avern Cohn

AVERN COHN

UNITED STATES DISTRICT JUDGE Dated: February 2, 2017

Detroit, Michigan