Bowers v. Aberdeen Police Department

W.D. Washington

Bowers v. Aberdeen Police Department

DecidedJune 17, 2021

Docket3:21-cv-05303

StatusUnknown

This text of Bowers v. Aberdeen Police Department (Bowers v. Aberdeen Police Department) is published on Counsel Stack Legal Research, covering District Court, W.D. Washington primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Bowers v. Aberdeen Police Department, (W.D. Wash. 2021).

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5 6 7 UNITED STATES DISTRICT COURT 8 WESTERN DISTRICT OF WASHINGTON AT TACOMA 9 10 ROBERT NOLAN BOWERS, CASE NO. 3:21-cv-05303-MJP-JRC 11 Plaintiff, ORDER 12 v. 13 ABERDEEN POLICE DEPARTMENT, 14 Defendant. 15 16 This matter is before the Court on defendants’ motion to stay (“motion”). Dkt. 4. 17 Defendants move to stay this civil proceeding pending the end of plaintiff’s parallel criminal 18 proceeding in state court filed on May 4, 2021. Dkt. 4. Plaintiff did not file any opposition to the 19 motion. See Dkt. 20 Plaintiff’s criminal charges arising out of an incident on January 27, 2021 are currently 21 proceeding in Grays County Superior Court and the case was set for trial beginning May 25, 22 2021. Dkt. 5, Declaration of Counsel for Defendants. Plaintiff is charged with burglary in the 23 first degree, assault in the third degree, and resisting arrest. Id. In April 2021, this case was 24 1 removed from state court. Dkt. 1. Plaintiff alleges the officers involved in his January 2021 2 arrest used excessive force. Dkt. 1, 2. Discovery has not yet begun in this case and a scheduling 3 order has not been has been issued. See Dkt. 4 The Constitution does not ordinarily require a stay of civil proceedings pending the

5 outcome of criminal proceedings. Keating v. Office of Thrift Supervision, 45 F.3d 322 (9th Cir. 6 1995); Federal Sav. & Loan Ins. Corp. v. Molinaro, 889 F.2d 899, 902 (9th Cir. 1989). In the 7 absence of substantial prejudice to the rights of the parties involved, simultaneous parallel civil 8 and criminal proceedings are unobjectionable. Keating, 45 F.3d at 324. Nevertheless, a court 9 may decide in its discretion to stay civil proceedings when the interests of justice require such 10 action. Id. 11 Before the Court is able to make a determination on defendants’ motion to stay, the Court 12 orders defendants to file a status update on or before June 23, 2021. Defendants are directed to 13 apprise the Court of plaintiff’s proceedings in his criminal case and whether plaintiff’s criminal 14 trial has concluded. The Clerk of Court is directed to re-note the pending motion for June 23, 2021.

15 Dated this 17th day of June, 2021. A 16

17 J. Richard Creatura Chief United States Magistrate Judge 18

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5 6 7 UNITED STATES DISTRICT COURT 8 WESTERN DISTRICT OF WASHINGTON AT TACOMA 9 10 ROBERT NOLAN BOWERS, CASE NO. 3:21-cv-05303-MJP-JRC 11 Plaintiff, ORDER 12 v. 13 ABERDEEN POLICE DEPARTMENT, 14 Defendant. 15 16 This matter is before the Court on defendants’ motion to stay (“motion”). Dkt. 4. 17 Defendants move to stay this civil proceeding pending the end of plaintiff’s parallel criminal 18 proceeding in state court filed on May 4, 2021. Dkt. 4. Plaintiff did not file any opposition to the 19 motion. See Dkt. 20 Plaintiff’s criminal charges arising out of an incident on January 27, 2021 are currently 21 proceeding in Grays County Superior Court and the case was set for trial beginning May 25, 22 2021. Dkt. 5, Declaration of Counsel for Defendants. Plaintiff is charged with burglary in the 23 first degree, assault in the third degree, and resisting arrest. Id. In April 2021, this case was 24 1 removed from state court. Dkt. 1. Plaintiff alleges the officers involved in his January 2021 2 arrest used excessive force. Dkt. 1, 2. Discovery has not yet begun in this case and a scheduling 3 order has not been has been issued. See Dkt. 4 The Constitution does not ordinarily require a stay of civil proceedings pending the

5 outcome of criminal proceedings. Keating v. Office of Thrift Supervision, 45 F.3d 322 (9th Cir. 6 1995); Federal Sav. & Loan Ins. Corp. v. Molinaro, 889 F.2d 899, 902 (9th Cir. 1989). In the 7 absence of substantial prejudice to the rights of the parties involved, simultaneous parallel civil 8 and criminal proceedings are unobjectionable. Keating, 45 F.3d at 324. Nevertheless, a court 9 may decide in its discretion to stay civil proceedings when the interests of justice require such 10 action. Id. 11 Before the Court is able to make a determination on defendants’ motion to stay, the Court 12 orders defendants to file a status update on or before June 23, 2021. Defendants are directed to 13 apprise the Court of plaintiff’s proceedings in his criminal case and whether plaintiff’s criminal 14 trial has concluded. The Clerk of Court is directed to re-note the pending motion for June 23, 2021.

15 Dated this 17th day of June, 2021. A 16

17 J. Richard Creatura Chief United States Magistrate Judge 18

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