Washington v. St. Louis, Missouri, City of

Opinion

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MISSOURI EASTERN DIVISION JANICE WASHINGTON, individually and ) as the surviving mother of Decedent, and ) LOUIS LYEN PAYTON, deceased, ) ) Plaintiffs, ) Vv. Case No. 4:20-cv-00861-SEP CITY OF ST. LOUIS, MISSOURI, et al., ) Defendants. ) MEMORANDUM AND ORDER Before the Court is Defendants’ Motion to Stay Pending Interlocutory Appeal. Doc. [85]. On April 22, 2022, Defendants timely filed a Notice of Appeal as to the Court’s March 31, 2022, partial denial of their Motion for Summary Judgment, Docs. [77], [83]. Plaintiff consents to the Motion. Doc. [91]. A filing of a notice of appeal “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.” Johnson v. Hay, 931 F.2d 456, 459 n.2 (8th Cir. 1991) (quoting United States v. Ledbetter, 882 F.2d 1345, 1347 (8th Cir. 1989)). Moreover, the Eighth Circuit has stated that “[o]nce a notice of appeal has been filed in a case in which there has been a denial of a summary judgment motion raising the issue of qualified immunity, the district court should then stay its hand.” Jd. As such, Defendants’ Motion to Stay Pending Interlocutory Appeal is granted. Accordingly, IT IS HEREBY ORDERED that Defendants’ Motion to Stay Pending Interlocutory Appeal (Doc. [85]) is GRANTED. IT IS FURTHER ORDERED that this action is STAYED pending the Eighth Circuit Court of Appeals’ resolution of Defendants’ appeal. Dated this 23 day of May, 2022. tel Lite. SARAH E. PITLYK UNITED STATES DISTRICT JUDGE