Employment — public employment — First Amendment

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U.S. Court of Appeals for the 7th Circuit

Civil

Employment — public employment — First Amendment

Where the district court granted summary judgment as to some public employees but not all in their First Amendment suits against a mayor and city, the district court proceedings are stayed pending interlocutory appeal.

“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.”

Motion Granted.

14-1792 Allman v. Smith

Appeal from the United States District Court for the Southern District of Indiana, Pratt, J., Posner, J.