The police officers took an appeal after the district court denied them qualified immunity. In such appeals, a stay is appropriate unless the appeal is “frivolous” or from a “non-appealable” order, the First Circuit wrote. The stay was unopposed by the plaintiff-appellee.
The stay was entered without prejudice to the entrance of a stay in proceedings against the city of Boston, a non-appealing party defendant. The appellate court also indicated that it would consider lifting the stay in the officers’ suit if the transcript showed the appeal by the officers was frivolous. See: Glik v. Cunniffe, Case No. 10-1764 (1st Cir. 2010) (unpublished).
The underlying case in the district court is Glik v. Cunniffe, U.S.D.C. (D. Mass.), Case No. 1:10-cv-10150-LTS.
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Related legal case
Glik v. Cunniffe
|Cite||Case No. 10-1764 (1st Cir. 2010)|
|Level||Court of Appeals|