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00-4110, 01-1810 U.S. ex rel. Chandler v. Cook County

By: dmc-admin//March 4, 2002//

00-4110, 01-1810 U.S. ex rel. Chandler v. Cook County

By: dmc-admin//March 4, 2002//

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“On the matter of irreparable injury, Dr. Chandler has asserted only the prejudice that comes with any delay in a judicial proceeding. On the other hand, Cook County can, and does, argue that its immunity from punitive damages is, in the context of this action, tantamount to an immunity from trial and that it ought not be put to the further expense of preparing for trial until the question of its immunity is decided definitively. This consideration is, in my view, an important one.”

“Given the importance of the issue, the conflict among the circuits that have ruled on the matter and the injury that the County could suffer if it is required to prepare for trial before the Supreme Court takes action, I have decided to grant the motion. Accordingly, the mandate of this court is stayed until the expiration of the time allowed for the filing of a petition for certiorari. If a petition is filed within that time, this stay shall remain in force until the conclusion of all proceedings before the Supreme Court of the United States.”

Mandate stayed.

Appeals from the United States District Court for the Northern District of Illinois, Gettleman, J., Ripple, J.

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