# Ellis

> District Court, N.D. Alabama · March 9, 2026

URL: https://www.frixlaw.com/law-library/cases/11273123

## Case

- **Full name:** Allison Ellis v. City of Huntsville, Alabama, et al.
- **Court:** District Court, N.D. Alabama
- **Decided:** March 9, 2026
- **Opinion:** 100trialcourt
- **Cited by:** 0 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/11273123

## How later opinions describe it (automated extraction)

- explaining that the defense of qualified immunity “protects government officials not only from having to stand trial, but from having to bear the burdens attendant to litigation, including pretrial discovery”

## Opinion text

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF ALABAMA
NORTHEASTERN DIVISION

ALLISON ELLIS,

Plaintiff,

v. Case No. 5:25-cv-745-HDM

CITY OF HUNTSVILLE,
ALABAMA, et al.,

Defendants.

MEMORANDUM OPINION AND ORDER
Allison Ellis is suing her former employer, the City of Huntsville, Alabama
(the “City”), and her former supervisor, Lt. Michael Danley. (Doc. 1 at 1, 3). She
alleges that Defendants used religious discrimination to force her out of her job in
retaliation for taking maternity leave and reporting sex discrimination. (Doc. 1 at
15–22). Defendants filed a motion to dismiss, (doc. 10), arguing that, among other
things, Lt. Danley is entitled to qualified immunity, (see doc. 11). This court denied
Defendants’ motion to dismiss. (Doc. 16). Lt. Danley filed an interlocutory appeal
of this court’s denial of qualified immunity, (doc. 19), and Lt. Danley and the City
subsequently moved this court to stay all proceedings pending resolution of the
appeal, (doc. 23). Ms. Ellis opposes a full stay and instead advocates for a partial
stay. (See Docs. 23, 26). Ms. Ellis acknowledges that under Eleventh Circuit
precedent, the individual appealing a denial of qualified immunity is entitled to a
stay on issues related to that appeal. (See Doc. 26 at 1–2). See also Blinco v. Green

Tree Servicing, LLC, 366 F.3d 1249, 1252 (11th Cir. 2004) (explaining that the
defense of qualified immunity “protects government officials not only from having
to stand trial, but from having to bear the burdens attendant to litigation, including

pretrial discovery”). Ms. Ellis also does not advocate for full discovery to proceed
against the City but instead asks to proceed only with “paper discovery, i.e.,
Interrogatories, Requests for Production and Requests for Admission,” against the
City. (Doc. 26 at 2). Therefore, the only issue before the court is the extent to which

proceedings against the City should be stayed.
The parties make several competing arguments. First, Defendants argue that
“the claims against the City and Danley are so overlapping that allowing discovery

against the City during the pendency of Danley’s appeal would be tantamount to
denying Danley his qualified immunity from suit. Particularly[] as . . . Danley will
be the primary witness in this matter.” (Doc. 23 at 3–4). Second, Defendants argue
that a stay would preserve judicial and party resources and avoid piecemeal

litigation. Id. As to Ms. Ellis, she first argues that allowing a full stay would “unduly
prejudice Plaintiff and [delay] resolution of this case for an additional year.” (Doc.
26 at 4). Second, Ms. Ellis argues that allowing a full stay would be an unjust

acquiescence to Defendants’ delay tactics. Id.
Although Ms. Ellis argues that a full stay would unduly prejudice her case,
she provides no concrete example of how such prejudice would occur. While her

broader concern that qualified-immunity appeals are frequently used to delay
litigation is well taken, she has not demonstrated that a stay pending appeal would
result in the loss of evidence, the unavailability of witnesses, or any other specific

harm to her ability to litigate this case. Cf. K.M. v. Alabama Dep’t of Youth Servs.,
209 F.R.D. 493, 496 (M.D. Ala. 2002), aff’d sub nom. K.M. v. AL Dep’t of Youth
Servs., 73 F. App’x 386 (11th Cir. 2003) (allowing limited discovery to move
forward where a full stay would result in a loss of records or witnesses).

Moreover, the claims against Lt. Danley and the City are closely related, and
there is no ascertainable line between the discovery relevant to the claims against
the City and that relevant to the claims against Lt. Danley. Allowing discovery to

proceed against the City while staying discovery as to Lt. Danley would therefore
create substantial practical difficulties. Furthermore, it is unclear at this stage which
claims, if any, will remain viable if Lt. Danley were granted qualified immunity. In
the absence of a concrete showing of prejudice to Ms. Ellis, there is little reason to

subject the parties and the court to these complications. See Sosa v. Hames, No. 05-
23079-CIV-TURNOFF, 2006 WL 1284927, at *1 (S.D. Fla. May 3, 2006) (staying
claims as to both the individual defendant and the county defendant after the

individual defendant appealed the district court’s denial of qualified immunity
because the claims against the individual defendant were “inextricably linked” to the
claims against the county defendant); Frye v. Escambia Cnty. Bd. of Educ., No.
CIV.A. 08-0340-WS-N, 2010 WL 2854454, at *1 (S.D. Ala. July 16, 2010) (staying
claims against both individual defendants and the school board because a ruling in
the plaintiff's favor on appeal “presumably would also be dispositive of the
plaintiffs claim against the Board”).
For these reasons, Defendants’ motion to stay, (doc. 23), is GRANTED. All
deadlines and proceedings are hereby STAYED pending resolution of Lt. Danley’s
interlocutory appeal.
DONE and ORDERED on March 9, 2026.

(AOA

UNITED STATES DISTRICT JUDGE

---

Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/11273123. Public record. Not legal advice.
