Chattanooga: Appeal filed, Pet Supply trial delayed

Chattanooga: Appeal filed, Pet Supply trial delayed

February 8th, 2013 by Todd South in Local - Breaking News

McKamey Animal Center.

Photo by Dan Henry/Times Free Press.

Attorneys for McKamey Animal Care and Adoption Center have filed an appeal that will delay the trial scheduled for Monday.

United Pet Supply, Inc. sued McKamey and Chattanooga for $10 million in 2011 for the raid and seizure of animals and records at the company's Hamilton Place Mall store.

The federal trial was scheduled to begin Monday but will now be put on hold pending the appeal's outcome.

McKamey's attorneys had asked that the individual employees listed in the lawsuit -- Pat Hurn, Karen Walsh and Marcin Nicholson, Jr., be given qualified immunity status.

On Wednesday U.S. District Judge Curtis Collier denied that request. The lawyers will appeal to the U.S. Sixth Circuit to get another look at their request.

Qualified immunity prevents government employees from being sued by individuals for civil right violations.