[Download] "Dickerson v. Mcclellan" by Sixth Circuit U.S. Court of Appeals * eBook PDF Kindle ePub Free
eBook details
- Title: Dickerson v. Mcclellan
- Author : Sixth Circuit U.S. Court of Appeals
- Release Date : January 14, 1994
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 49 KB
Description
Order The two individual defendants in this civil rights action appeal the district court's denial of qualified immunity. A prior panel denied their emergency request to stay the trial pending appeal. The district court tried the case, and the jury entered a verdict for the defendants. However, following a post-judgment motion by the plaintiffs, the district court granted a new trial. Now before the court is a motion by the defendants seeking to supplement the appellate record with the evidence produced at trial and to decide this appeal prior to any retrial. We have addressed our jurisdiction in this appeal in a contemporaneously filed published order. With respect to a stay, the plaintiffs respond that they do not oppose the determination of this appeal prior to a retrial. Because an order denying qualified immunity is immediately appealable, it follows that in most cases a stay of the trial proceedings may be necessary to preserve the issue. See Kennedy v. City of Cleveland, 797 F.2d 297, 299 (6th Cir. 1986). In view of the particular posture of this case, a stay of further trial proceedings pending appeal is appropriate.