City of East Cleveland, Ohio, et al. v. Derrick Wheatt, et al.
DueProcess
Whether the Court abused its discretion in denying Petitioner City Defendants Qualified Immunity defense
QUESTIONS PRESENTED FOR REVIEW The questions presented herein are: 1. Whether the Court abused its discretion in denying Petitioner City Defendants Qualified Immunity defense when it became implicated during Discovery prior to the Discovery deadline pursuant to a “forfeiture” analysis. 2. Whether the Petitioner City Defendants were acting as state actors in the purported wrongful conviction actions brought against the City and the County Defendants and therefore the County must indemnify the Petitioner City Defendants. 3. Whether, upon limited remand, the District Court’s vacation of its finding that the County Defendants were not entitled to Qualified Immunity served to ipso facto vacate the Petitioner City Defendants’ Qualified Immunity defense denial as well. 4. Whether the District Court’s denial of Petitioner City Defendants’ Motion to Amend their Answer was an abuse of discretion. 5. Whether the Settlement Agreement between the County Defendants and the Plaintiffs renders the Case Against the Petitioner City Defendants moot.