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Barker v. Village of Cahokia

IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF ILLINOIS


June 19, 2007

DEBRA BARKER, PLAINTIFF,
v.
VILLAGE OF CAHOKIA, MAYOR FRANK BERGMAN, JOANN MALONE, GLORIA MCCOY, DENNIS PHILLIPS, AND CHIEF RICK WATSON, DEFENDANTS.

The opinion of the court was delivered by: Herndon, District Judge

ORDER

Defendants have filed a Motion to Stay Discovery Pending the Resolution of Defendants' Motion to Dismiss (Doc. 19), which Plaintiff has timely opposed (Doc. 20). Defendants have asserted absolute immunity as grounds for warranting dismissal of Plaintiff's Complaint, as the named Defendants are all officials of the Village of Cahokia, Illinois.

Qualified immunity questions should be resolved as early as possible by the Court in order to shield public officials from the burdens of defendant a suit, including the pretrial discovery process. SeeAnderson v. Creighton, 483 U.S. 635 (1987); Siegert v. Gilley, 500 U.S. 226, 232 (1991); Mitchell v. Forsyth, 472 U.S. 511, 526 (1985); Harlow v. Fitzgerald, 457 U.S. 800, 806 (1982). Therefore, the Court finds Defendants' Motion to Stay Discovery (Doc. 19) should be GRANTED. All discovery in this matter between Plaintiff and Defendants is hereby STAYED until such time as when the Court resolves the immunity issues raised by Defendants in their Motion to Dismiss, at which time the Court shall lift the stay.

IT IS SO ORDERED.

David R Herndon United States District Judge

20070619

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