Robert Chuman v. Craig A. Wright, and Mark P. Fronterotta
Opinion
Opinion
ORDER
This appeal challenges the district court’s denial of the individual defendants’ motion for summary judgment on their claim of qualified immunity in an action for damages brought pursuant to 42 U.S.C. § 1983 . The individual defendant-appellants filed a notice of appeal from the denial of qualified immunity pursuant to Mitchell v. Forsyth, 472 U.S. 511 , 105 S.Ct. 2806 , 86 L.Ed.2d 411 (1985), and moved in the dis trict court for a stay of proceedings pending appeal. The district court denied the motion for stay. Appellants then filed a motion for a stay in this court, which was granted pending further order of this court.
In this circuit, where, as here, the interlocutory claim is immediately appeal-able, its filing divests the district court of jurisdiction to proceed with trial. United States v. Claiborne, 727 F.2d 842, 850 (9th Cir.1984), cert. denied, 469 U.S. 829 , 105 S.Ct. 113 , 83 L.Ed.2d 56 (1984). It has been noted, however, that this result could significantly disrupt and delay trial court proceedings. Claiborne, 727 F.2d at 850 .
While this circuit has not addressed this issue in the context of interlocutory qualified immunity appeals, other circuits have.…