Summary
The United States District Court for the District of South Dakota grants defendants Darin Young and Brent Fluke a stay of the amended judgment pending appeal. The court waives the requirement for a supersedeas bond based on representations that the State of South Dakota and/or the PEPL Fund will provide funds to satisfy the judgment if affirmed. The court also finds that a stay is appropriate notwithstanding its disagreement with defendants’ qualified-immunity position.
Holdings
- The court granted a stay of execution of the amended judgment pending resolution of the appeal.
- The court waived the requirement that Young and Fluke post a supersedeas bond or other security.
Questions Presented
- Whether execution of the amended judgment should be stayed pending resolution of the defendants' appeal.
- Whether the court should waive the requirement that the defendants post a supersedeas bond or other security.
Disposition
other
Cases Cited (8)
- Am. Mfrs. Mut. Ins. Co. v. Am. Broad-Paramount Theatres, Inc., 87 S. Ct. 1, 3 (1966)(followed)
- NLRB v. Westphal, 859 F.2d 818, 819 (9th Cir. 1988) (per curiam)(followed)
- Poplar Grove Planting & Refin. Co. v. Bache Halsey Stuart, Inc., 600 F.2d 1189, 1191 (5th Cir. 1979)(followed)
- New Access Comm'ns LLC v. Qwest Corp., 378 F. Supp. 2d 1135, 1138 (D. Minn. 2005)(followed)
- Regions Bank v. Lamb, No. 4:16-CV-00078-SWW, 2017 WL 5736371, at *2 (E.D. Ark. Mar. 15, 2017)(followed)
- Skrovig v. BNSF Ry. Co., No. 4:10-CV-04022, 2012 WL 2505749, at *2-*3 (D.S.D. June 28, 2012)(followed)
- Fed. Prescription Serv., Inc. v. Am. Pharm. Ass'n, 636 F.2d 755, 760-61 (D.C. Cir. 1980)(followed)
- Dillon v. City of Chicago, 866 F.2d 902, 904-05 (7th Cir. 1989)(followed)
Cited In (0)
No citing cases on record yet.
Court Document
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