W. v. Detroit Public Schools

E.D. Michigan

W. v. Detroit Public Schools

DecidedFebruary 23, 2022

Docket2:18-cv-12964

StatusUnknown

This text of W. v. Detroit Public Schools (W. v. Detroit Public Schools) is published on Counsel Stack Legal Research, covering District Court, E.D. Michigan primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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W. v. Detroit Public Schools, (E.D. Mich. 2022).

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UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION E.W., Plaintiff, Case No. 18-12964 v. HON. DENISE PAGE HOOD DETROIT PUBLIC SCHOOLS, et al., Defendants. _________________________________/ ORDER STAYING CASE AND ADMINISTRATIVELY CLOSING CASE Defendants in this matter filed a Notice of Appeal from the Court’s Order granting in part and denying in part the Motion for Summary Judgment. (ECF No. 65) “A denial of summary judgment is generally not a final judgment.” Haynes v. City of Circleville, Ohio, 474 F.3d 357, 361 (6th Cir. 2007)(quoting Hoover v. Radabaugh, 307 F.3d 460, 465 (6th Cir. 2002)). A denial of a motion for summary judgment on the ground of qualified immunity may be appealed as a collateral order where (1) the defendant is a public official asserting the defense of qualified immunity

and (2) the issue appealed concerns not which facts the parties might be able to prove, but whether certain alleged facts reflect a violation of clearly established law. Haynes, 474 F.3d at 361. The Court will stay the matter until the resolution of the appeal. See Mithcell v. Forsyth, 472 U.S. 511 (1985). Accordingly,

IT IS ORDERED that this action is STAYED and ADMINISTRATIVELY CLOSED. The action may be reopened after a party provides the Court with notice that a mandate has been issued from the Sixth Circuit Court of Appeals.

s/Denise Page Hood DENISE PAGE HOOD UNITED STATES DISTRICT JUDGE DATED: February 23, 2022

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UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION E.W., Plaintiff, Case No. 18-12964 v. HON. DENISE PAGE HOOD DETROIT PUBLIC SCHOOLS, et al., Defendants. _________________________________/ ORDER STAYING CASE AND ADMINISTRATIVELY CLOSING CASE Defendants in this matter filed a Notice of Appeal from the Court’s Order granting in part and denying in part the Motion for Summary Judgment. (ECF No. 65) “A denial of summary judgment is generally not a final judgment.” Haynes v. City of Circleville, Ohio, 474 F.3d 357, 361 (6th Cir. 2007)(quoting Hoover v. Radabaugh, 307 F.3d 460, 465 (6th Cir. 2002)). A denial of a motion for summary judgment on the ground of qualified immunity may be appealed as a collateral order where (1) the defendant is a public official asserting the defense of qualified immunity

and (2) the issue appealed concerns not which facts the parties might be able to prove, but whether certain alleged facts reflect a violation of clearly established law. Haynes, 474 F.3d at 361. The Court will stay the matter until the resolution of the appeal. See Mithcell v. Forsyth, 472 U.S. 511 (1985). Accordingly,

IT IS ORDERED that this action is STAYED and ADMINISTRATIVELY CLOSED. The action may be reopened after a party provides the Court with notice that a mandate has been issued from the Sixth Circuit Court of Appeals.

s/Denise Page Hood DENISE PAGE HOOD UNITED STATES DISTRICT JUDGE DATED: February 23, 2022

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W. v. Detroit Public Schools, Counsel Stack Legal Research, https://law.counselstack.com/opinion/w-v-detroit-public-schools-mied-2022.

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