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7th Circuit grants city, mayor’s request for stay

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The doctrine of “pendent appellate jurisdiction” allows the city of Anderson to ask the District Court to stay proceedings in a case alleging city employees were fired because of political affiliation, ruled the 7th Circuit Court of Appeals. The case against the city is directly tied to the result of the case against the city’s mayor.

Robin Allman and other former employees of the city of Anderson fired by Mayor Kevin Smith sued him and the city, claiming their firings violate their First Amendment rights. District Judge Tanya Walton Pratt granted summary judgment in favor of the mayor on nine of the 11 plaintiffs, finding the two remaining plaintiffs’ claims may not be barred by the mayor’s claim of immunity.

Pratt refused to certify the case for interlocutory appeal or grant Smith’s motion to stay the proceedings pending appeal. The city also sought a stay of the claims pending against Smith after its summary judgment motion was denied. In order to prevail, the city has to show that Smith hadn’t violated aany constitutional rights, which would eliminate the city’s liability because its liability is derivative from the mayor’s.

Pratt denied both Smith’s and the city’s motions to stay.

The 7th Circuit reversed and stayed the proceedings against the mayor and the city, citing the doctrine of pendent appellate jurisdiction, which it noted is an embattled doctrine.

“The prospect of two trials involving the same facts and witnesses is not an attractive one. If the district court proceedings against the city are stayed, and the merits panel decides that the mayor did not violate the plaintiffs’ constitutional rights, there will be no trial. If (with the stays granted) the merits panel decides that the mayor did violate the plaintiffs’ constitutional rights but is entitled to qualified immunity, there will be one trial, against the city. Finally, if the merits panel rejects the mayor’s appeal, the plaintiffs can try their claims against both the mayor and the city in a single proceeding. Each of these outcomes is preferable to allowing the proceedings in the district court against the city to continue while the mayor’s appeal is under consideration by this court,” Judge Richard Posner wrote in Robin Allman, et al. v. Kevin Smith, et al., 14-1792.  
 

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  1. I just wanted to point out that Congressman Jim Sensenbrenner, Senator Feinstein, former Senate majority leader Bill Frist, and former attorney general John Ashcroft are responsible for this rubbish. We need to keep a eye on these corrupt, arrogant, and incompetent fools.

  2. Well I guess our politicians have decided to give these idiot federal prosecutors unlimited power. Now if I guy bounces a fifty-dollar check, the U.S. attorney can intentionally wait for twenty-five years or so and have the check swabbed for DNA and file charges. These power hungry federal prosecutors now have unlimited power to mess with people. we can thank Wisconsin's Jim Sensenbrenner and Diane Feinstein, John Achcroft and Bill Frist for this one. Way to go, idiots.

  3. I wonder if the USSR had electronic voting machines that changed the ballot after it was cast? Oh well, at least we have a free media serving as vicious watchdog and exposing all of the rot in the system! (Insert rimshot)

  4. Jose, you are assuming those in power do not wish to be totalitarian. My experience has convinced me otherwise. Constitutionalists are nearly as rare as hens teeth among the powerbrokers "managing" us for The Glorious State. Oh, and your point is dead on, el correcta mundo. Keep the Founders’ (1791 & 1851) vision alive, my friend, even if most all others, and especially the ruling junta, chase only power and money (i.e. mammon)

  5. Hypocrisy in high places, absolute immunity handed out like Halloween treats (it is the stuff of which tyranny is made) and the belief that government agents are above the constitutions and cannot be held responsible for mere citizen is killing, perhaps has killed, The Republic. And yet those same power drunk statists just reel on down the hallway toward bureaucratic fascism.

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