Harris v. City of Balch Springs

33 F. Supp. 3d 730, 2014 U.S. Dist. LEXIS 69827, 2014 WL 2117172
District Court, N.D. Texas·Decided May 21, 2014·No. Civil Action No. 3:11-CV-2307-L·Published·Cited by 11 cases

Opinion

MEMORANDUM OPINION AND ORDER

SAM A. LINDSAY, District Judge.

Before the court is the Joint Status Report (“Report”) of the parties, filed April 29, 2014. The Report raises the issue whether all proceedings in this case should be stayed pending resolution of Defendant William Edward Morris’s (“Morris”) interlocutory appeal of this court’s denial of his qualified immunity defense regarding two claims asserted by Plaintiff Charla Harris (“Harris”).

I. Background

Morris pleaded the defense of qualified immunity and argued in Defendants’ Motion for Partial Dismissal of Plaintiffs First Amended Complaint that he was entitled to this defense regarding two of Harris’s claims. Government officials who perform discretionary functions are entitled to the defense of qualified immunity, which shields them from suit as well as liability for civil damages, if their conduct does not violate “clearly established statutory or constitutional rights of which a reasonable person would have known.” Harlow v. Fitzgerald, 457 U.S. 800, 818, 102 S.Ct. 2727, 73 L.Ed.2d 396 (1982).

On March 28, 2014, 9 F.Supp.3d 690, 2014 WL 1281244 (N.D.Tex.2014), the court ruled that Morris was not entitled to qualified immunity on Harris’s claim of race discrimination under 42 U.S.C. § 1981 and association discrimination claim under the First Amendment to the United States Constitution, which is brought pursuant to 42 U.S.C. § 1983. Ct.’s Mem. Op. & Order 16-26. These claims are set forth in Plaintiffs First Amended Complaint (“Complaint”) in Counts Three and Four.

On April 25, 2014, Morris filed his notice of appeal. As a result of this interlocutory appeal, he requests or suggests a global stay of all proceedings in this court, including “discovery, trial, etc.” Report 1, 3-5. In support of his request or suggestion for a global stay, Morris cites Ashcroft v. Iqbal, 556 U.S. 662, 685-86, 129 S.Ct. 1937, 173 L.Ed.2d 868 (2009). Although Morris did not file a formal motion to stay all discovery and proceedings, the court treats his request for such a stay as a motion and will rule as if Morris formally filed a motion to stay all discovery and proceedings in this ease.

II. Discussion

Morris does not state the specific language from Iqbal on which he relies; however, the court assumes it is based on the following passage:

The basic thrust of the qualified-immunity doctrine is to free officials from the concerns of litigation, including avoidance of disruptive discovery. There are serious and legitimate reasons for this. If a Government official is to devote time to his or her duties, and to the formulation of sound and responsible [732] policies, it is counterproductive to require the substantial diversion that is attendant to participating in litigation and making informed decisions as to how it should proceed. Litigation, though necessary to ensure that officials comply with the law, exacts heavy costs in terms of efficiency and expenditure of valuable time and resources that might otherwise be directed to the proper execution of the work of the Government. ...
It is no answer to these concerns to say that discovery for petitioners can be deferred while pretrial proceedings- continue for other defendants. It is quite likely that, when discovery as to the other parties proceeds, it would prove necessary for petitioners and their counsel to participate in the process to ensure the case does not develop in a misleading or slanted way that causes prejudice to their position. Even if petitioners are not yet themselves subject to discovery orders, then, they would not be free from the burdens of discovery.

556 U.S. at 685-86, 129 S.Ct. 1937 (internal quotation marks and citation omitted) (emphasis added). “One of the most salient benefits of qualified immunity is protection from pretrial discovery, which is costly, time-consuming, and intrusive.” Backe v. LeBlanc, 691 F.3d 645, 648 (5th Cir.2012) (citation omitted). In light of this obvious benefit, the court understands why Morris seeks a stay; however, his reliance on Iqbal is misplaced. The court does not read Iqbal as requiring a global stay of all pretrial proceedings, including discovery, pending the outcome of a defendant’s interlocutory appeal.

In Iqbal, the court specifically held that the “complaint fail[ed] to plead sufficient facts to state a claim for purposeful .and unlawful discrimination.” 556 U.S. at 687, 129 S.Ct. 1937. Thus, the holding in Iqbal turned on the inadequacy of the pleadings. Because of the inadequacy of the allegations in the complaint, the Supreme Court “decline[d] to relax the pleading requirements on the grounds that the Court of Appeals promise[d] petitioners minimally intrusive discovery,” held that the plaintiff was “not entitled to discovery,” and remanded the case for further proceedings consistent with its opinion. Id. at 686-87, 129 S.Ct. 1937. In this ease, the court has already ruled that the allegations of Plaintiffs Complaint, if true, were sufficient to state claims upon which relief could be granted as to Counts Three and Four and that the allegations were sufficient to defeat Morris’s entitlement to qualified immunity. Accordingly, the concerns raised and addressed by the Court in Iqbal are simply not present in or applicable to this case.

Morris also misconstrues the effect of an appeal. As the Supreme Court aptly stated, “The filing of a notice of appeal is an event of jurisdictional significance — it confers jurisdiction on the court of appeals and divests the district court of its control over those aspects of the case involved in the appeal.” Griggs v. Provident Consumer Discount Co., 459 U.S. 56, 58, 103 S.Ct. 400, 74 L.Ed.2d 225 (1982); see also Alice L. v. Dusek, 492 F.3d 563, 564 (5th Cir.2007) (holding same as to the filing of a notice of an interlocutory appeal).

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Harris v. City of Balch Springs, 33 F. Supp. 3d 730, 2014 U.S. Dist. LEXIS 69827, 2014 WL 2117172 (N.D. Tex. 2014).

33 F. Supp. 3d 730 (Harris v. City of Balch Springs) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

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