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Eighth Circuit Dismisses Appeal Where Parties Attempted to Manufacture Jurisdiction

The U.S. Court of Appeals for the Eighth Circuit has rejected an attempt by the parties in a suit against Corrections Corporation of America (CCA) to manufacture appellate jurisdiction for an interlocutory appeal from a district court’s grant of partial summary judgment to CCA officials.

David Clos sued CCA officials after suffering discrimination tied to his severe hearing loss. After the district granted partial summary judgment for CCA on some of Clos’s claims, the parties convinced the district court to certify its partial summary judgment order for interlocutory appeal. No explanation was given by the district court for why “no just reason for delay” existed for an immediate appeal.

The Eight Circuit held that the district court had abused its discretion in certifying the case for appeal. There was “no basis for finding Clos will face hardship or injustice by waiting to appeal his remaining claim,” the Eight Circuit wrote. “This case is indistinguishable from any civil rights action where some, but not all, claims are resolved by summary judgment.” The appeal was accordingly dismissed for lack of jurisdiction. See: Clos v. Corrections Corporation of America, 597 F.3d 925 (8th Cir. 2010).

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Related legal case

Clos v. Corrections Corporation of America