Allman v. Smith

Dist. Ct. erred in denying defendant-Mayor’s motion to stay trial on section 1983 action after Dist. Ct. denied Mayor’s claim of qualified immunity with respect to 2 out of 11 plaintiffs. Issue presented in Dist. Ct., i.e., whether plaintiffs' jobs were ones for which political affiliation was permissible criterion, is question of law that makes it proper for interlocutory appeal and eligible for stay of further proceedings in Dist. Ct. pending Mayor’s appeal. Moreover, defendant-City was also entitled to invoke doctrine of “pendent appellate jurisdiction” to seek similar stay of Dist. Ct.’s proceedings against it pending outcome of Mayor’s appeal on qualified immunity question, since outcome of Mayor’s appeal will have direct impact on plaintiff’s case against City, and where City’s liability, if any, derives from Mayor’s liability.