Chuman v. Wright, 92-55007
| Court | United States Courts of Appeals. United States Court of Appeals (9th Circuit) |
| Citation | 960 F.2d 104 |
| Docket Number | No. 92-55007,92-55007 |
| Parties | Robert CHUMAN, et al., Plaintiffs-Appellees, v. Craig A. WRIGHT, et al., Defendants, and Mark P. Fronterotta, et al., Defendants-Appellants. |
| Decision Date | 29 January 1992 |
Page 104
v.
Craig A. WRIGHT, et al., Defendants,
and
Mark P. Fronterotta, et al., Defendants-Appellants.
Ninth Circuit.
Decided March 27, 1992.
Before: WALLACE, Chief Judge, SNEED and ALARCON, Circuit Judges.
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 district
Page 105
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 appealable, 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. See Yates v. City of Cleveland, 941 F.2d 444 (6th Cir.1991); Stewart v. Donges, 915 F.2d 572 (10th Cir.1990); Apostol v. Gallion, 870 F.2d 1335 (7th Cir.1989). The Apostol court ruled that while a proper appeal from a denial of qualified immunity automatically divests the district court of jurisdiction to require the appealing defendants to appear for trial, a frivolous or forfeited appeal does not automatically divest the district court of jurisdiction. Apostol, 870 F.2d at 1339. Accordingly, under the Apostol rule, a district court may certify in writing that the appeal is frivolous or waived. Without such certification, the trial is automatically delayed until disposition of the appeal. Id. Both Yates, 941 F.2d at 449, and Stewart, 915 F.2d at 576-78, are in accord.
This circuit has addressed the issue of the effect of appeals from interlocutory orders in a closely related context. In an appeal from the denial...
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Rodriguez v. Cnty. of L.A., Case No. 10–6342–CBM AJWx.
...claim is immediately appealable, its filing divests the district court of jurisdiction to proceed with trial.” Chuman v. Wright, 960 F.2d 104, 105 (9th Cir.1992) (citation omitted). However, in the context of an interlocutory appeal based on qualified immunity, if a district court finds tha......
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California ex rel. Lockyer v. Mirant Corp, C-02-1787-VRW.
...to dismiss. By written order dated September 3, 2002, pursuant to the procedure described by the Ninth Circuit in Chuman v. Wright, 960 F.2d 104 (9th Cir.1992), the court certified that the AG's pending appeal of the court's denial of remand cases was "frivolous". 9/3/02 Order (e g, 02-1791......
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Willis v. Mullins, CIV-F-04-6542 AWI WMW.
...v. Forsyth, 472 U.S. 511, 530, 105 S.Ct. 2806, 86 L.Ed.2d 411 (1985). Plaintiff has requested certification pursuant to Chuman v. Wright, 960 F.2d 104, 105 (9th Cir.1992), which would cut off Defendants' right to interlocutory appeal unless the Ninth Circuit grants Defendants a discretionar......
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Carrillo v. Cnty. of L.A., s. 12–57229
...the pendency of Ditsch's appeal, the district court granted Carrillo's motion to certify this appeal as frivolous under Chuman v. Wright, 960 F.2d 104, 105 (9th Cir.1992), which would have allowed the case to proceed to trial while the instant appeal was pending. See id. Ditsch filed an urg......
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QUALIFIED IMMUNITY: TIME TO CHANGE THE MESSAGE.
...Langley v. Adams County, 987 F.2d 1473, 1477 (10th Cir. 1993). (129) See Apostol, 870 F.2d at 1339. (130) See, e.g., Chuman v. Wright, 960 F.2d 104, 105 (9th Cir. 1992); Yates v. City of Cleveland, 941 F.2d 444, 448-49 (6th Cir. 1991); Stewart v. Donges, 915 F.2d 572, 576-77 (10th Cir. 1990......