The opinion
UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
TAMPA DIVISION
TORREY JONES,
Plaintiff,
v. Case No.: 8:26-cv-00009-AAS
OFFICER MEGAN MERINO,
Defendant.
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ORDER
Defendant Officer Meghan Merino moves to stay this case pending
interlocutory appeal of the court’s order (Doc. 45) denying Officer Merino’s
qualified immunity defense. (Doc. 48). Plaintiff Torrey Jones did not respond
to the motion, and the time for doing so has expired.1
A district court’s order denying the defense of qualified immunity is an
immediately appealable order under 28 U.S.C. § 1291. Mitchell v. Forsyth, 472
U.S. 511, 530 (1985) (“[W]e hold that a district court's denial of a claim of
qualified immunity, to the extent that it turns on an issue of law, is an
appealable ‘final decision’ within the meaning of 28 U.S.C. § 1291
notwithstanding the absence of a final judgment.”). Typically, when an
1 “A party may respond to a motion within fourteen days after service of the motion .
. . If a party fails to timely respond, the motion is subject to treatment as unopposed.”
Local Rule 3.01(d), M.D. Fla.
1
interlocutory appeal is taken from the denial of immunity, a stay of the district
court’s proceedings is warranted, unless the appeal is frivolous. Courts in this
district have stayed proceedings pending an interlocutory appeal under similar
circumstances. See, e.g., H.A.L. v. Foltz, No. 3:05-cv-873-J-33MCR, 2008 WL
591927, at *1 (M.D. Fla. Feb. 28, 2008); Little v. Williams, No. 6:00-cv-1255-
Orl-31DAB, 2002 WL 34358762, at *1 (M.D. Fla. June 20, 2002).
The trial of this case was set to commence on December 7, 2026. (Doc.
42). A stay of this action will conserve judicial resources until the Eleventh
Circuit determines whether Officer Merino is entitled to the qualified
immunity defense. See Forsyth, 472 U.S. at 528 (explaining that such an appeal
requires the appellate court only to determine questions of law: “whether the
legal norms allegedly violated by the defendant were clearly established at the
time of the challenged actions”). Thus, this threshold question is now before
the Eleventh Circuit and has not yet been resolved by that court. Until that
time, Officer Merino should not be subjected to trial.
Accordingly, it is ORDERED that:
(1) Officer Merino’s Motion to Stay Pending Appeal (Doc. 48)
is GRANTED.
(2) This case is STAYED pending Officer Merino’s appeal to the
Eleventh Circuit. (Doc. 49).
(3) The pending motion to strike (Doc. 47) is DENIED without
prejudice and may be reasserted post-appeal as appropriate.
(4) The Clerk is DIRECTED to administratively close this case.
ENTERED in Tampa, Florida, on June 30, 2026.
Aranda. Arne he Saou
AMANDA ARNOLD SANSONE
United States Magistrate Judge