G.E.S. v. Florissant, City of

CourtDistrict Court, E.D. Missouri
DecidedJanuary 13, 2025
Docket4:24-cv-01412
StatusUnknown

This text of G.E.S. v. Florissant, City of (G.E.S. v. Florissant, City of) is published on Counsel Stack Legal Research, covering District Court, E.D. Missouri primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
G.E.S. v. Florissant, City of, (E.D. Mo. 2025).

Opinion

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MISSOURI EASTERN DIVISION G.E.S., et al. ) ) Plaintiffs, ) ) vs. ) Case No.: 4:24-cv-01412-JSD ) CITY OF FLORISSANT, ) (Consolidated with 4:24-cv-01445, 4:24-cv- ) 01528, and 4:24-cv-01571) And ) ) OFFICER JULIAN ALCALA, ) ) Defendants. ) MEMORANDUM AND ORDER Defendant City of Florissant, Missouri, has filed an Unopposed Motion to Stay Proceedings (for discovery purposes) and for Extension of Time to Answer or Otherwise Respond (“Motion to Stay”; ECF No. 24). For the reasons stated herein, the Court grants the Motion to Stay. BACKGROUND The respective plaintiffs in the consolidated cases1 (referred to collectively as “Plaintiffs”) have sued the City of Florissant, Missouri (“City”), and former police officer Julian Alcala (“Mr. Alcala”). The allegations are that Mr. Alcala, at different times in early and mid-2024, conducted vehicle traffic stops of Plaintiffs. Plaintiffs have each essentially alleged that Mr. Alcala took their cell phones and either transmitted an explicit video from a cell phone to his cell phone, or took

1 The plaintiffs in 4:24-cv-01412-JSD are S.L.D., T.A.M., G.E.S., N.R.T., R.A.T., and K.J.T. The plaintiffs in 4:24-cv-01445-JSD are Jane Doe 2, Jane Doe 3, Jane Doe 4, Jane Doe 5, Jane Doe 6, and John Doe 2. The plaintiff in 4:24-cv-01528-JSD is Jane Doe. The plaintiff in 4:24-cv-01571-JSD is Julie Doe. photographs on his cell phone of explicit photographs on the respective Plaintiffs’ phones. Plaintiffs allege that they have been harmed by this conduct under various theories of law. Plaintiffs purport to raise allegations against City under 42 U.S.C. § 1983 and Monell,2 pertaining to Mr. Alcala’s alleged conduct.

Notably, on November 13, 2024, a Grand Jury charged Mr. Alcala by Indictment with violation of 18 U.S.C. §1519 in Count One and violations of 18 U.S.C. §242 in Counts Two through Twenty-One. See Cause No. 4:24-CR-594-HEA-SRW (hereinafter, “Criminal Action”). This case remains pending in the United States District Court, Eastern District of Missouri. On December 23, 2024, Defendant City of Florissant, Missouri filed the Stay, which was unopposed. (ECF No. 24) On January 13, 2025, the Court held a hearing on the Motion to Stay, where all counsel confirmed that the Motion to Stay was unopposed.3 STANDARD OF REVIEW A federal district court has “the inherent power to stay the proceedings of an action, so as to control [its] docket, to conserve judicial resources, and to provide for the just determination of

cases which pend before [it].” Armstrong v. Mille Lacs Cty. Sheriffs Dept., 112 F.Supp.2d 840, 843 (D. Minn. 2000) (citing Landis v. Am. Water Works & Elec. Co., 299 U.S. 248, 254–55 (1936)). Although a stay of civil proceedings pending the outcome of criminal proceedings is not required, see SEC v. Dresser Industries, Inc., 628 F.2d 1368, 1375 (D.C. Cir. 1980) (citing Baxter v. Palmigiano, 425 U.S. 308 (1976)), “[a] stay of a civil trial until factually related criminal proceedings are concluded is sometimes warranted.” Koester v. Am. Republic Invs., Inc., 11 F.3d

2 Monell v. Dep't of Soc. Servs. of City of New York, 436 U.S. 658 (1978).

3 In addition, the deadline for the parties to file any opposition has passed and no response has been filed. See E.D.Mo. L.R. 4.01(B). 2 818, 823 (8th Cir. 1993); see United States v. Kordel, 397 U.S. 1, 12 n.27(1970) (“Federal courts have deferred civil proceedings pending the completion of parallel criminal prosecutions when the interests of justice seemed to require such action ...”); Ruszczyk as Tr. for Ruszczyk v. Noor, 349 F. Supp. 3d 754, 759 (D. Minn. 2018).

The Eighth Circuit in Koester cautioned that “a civil defendant cannot hide behind a blanket invocation of the Fifth Amendment privilege.” Koester, 11 F.3d at 823. Rather, “to warrant a stay, [the] defendant must make a strong showing either that the two proceedings are so interrelated that he cannot protect himself at the civil trial by selectively invoking his Fifth Amendment privilege, or that the two trials will so overlap that effective defense of both is impossible.” Id. (citing Anglada v. Sprague, 822 F.2d 1035, 1036–37 (11th Cir. 1987)). The Fifth Amendment does not always require a stay of a civil case until factually related criminal proceedings are concluded, and such a stay “has been characterized as an extraordinary remedy.” Aldridge v. City of St. Louis, Missouri, No. 4:18-CV-1677 CAS, 2020 WL 223928, at *3 (E.D. Mo. Jan. 15, 2020) (quotation marks omitted). “[T]he strongest case for deferring civil proceedings

until after completion of criminal proceedings is where a party under indictment for a serious offense is required to defend a civil or administrative action involving the same matter. The noncriminal proceeding, if not deferred, might undermine the party’s Fifth Amendment privilege against self-incrimination, expand rights of criminal discovery beyond the limits of Federal Rule of Criminal Procedure 16(b), expose the basis of the defense to the prosecution in advance of criminal trial, or otherwise prejudice the case.” Sec. & Exch. Comm'n v. Dresser Indus., Inc., 628 F.2d 1368, 1375-76 (D.C. Cir. 1980); accord Kozlov v. Associated Wholesale Grocers, Inc., No. 4:10-cv-03211, 2011 WL 3320972, at *2 (D. Neb. Aug. 2, 2011); S.E.C. v. Brown, No. CIV. 06- 1213PAMJSM, 2007 WL 4192000, at *2 (D. Minn. July 16, 2007), aff'd, No. CIV. 06-

3 1213JRTFLN, 2007 WL 4191998 (D. Minn. Nov. 21, 2007); Gaydos v. Gully Transportation, Inc., No. 4:21-CV-388-SPM, 2022 WL 1501973, at *2 (E.D. Mo. May 12, 2022). In addition to Fifth Amendment implications, the Court may consider five additional factors:

(1) the interest of the plaintiffs in proceeding expeditiously with this litigation or any particular aspect of it, and the potential prejudice to plaintiffs of a delay; (2) the burden which any particular aspect of the proceedings may impose on defendants; (3) the convenience of the court in the management of its cases, and the efficient use of judicial resources; (4) the interests of persons not parties to the civil litigation; and (5) the interest of the public in the pending civil and criminal litigation.

Ruszczyk, 349 F. Supp. 3d at 759–60 (citing Keating v. Office of Thrift Supervision, 45 F.3d 322, 324-25 (9th Cir. 1995)); see also Gaydos, 2022 WL 1501973, at *3 (noting that, although the Eighth Circuit has not identified specific factors for Courts to consider in determining whether to grant a stay, district courts in the Eighth Circuit have frequently applied the factors forth by the Ninth Circuit in Keating v. Office of Thrift Supervision, 45 F.3d 322, 324-25 (9th Cir. 1995)).

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Related

Landis v. North American Co.
299 U.S. 248 (Supreme Court, 1936)
United States v. Kordel
397 U.S. 1 (Supreme Court, 1970)
Baxter v. Palmigiano
425 U.S. 308 (Supreme Court, 1976)
Monell v. New York City Dept. of Social Servs.
436 U.S. 658 (Supreme Court, 1978)
Armstrong v. Mille Lacs County Sheriffs Dept.
112 F. Supp. 2d 840 (D. Minnesota, 2000)
Ruszczyk v. Noor
349 F. Supp. 3d 754 (D. Maine, 2018)

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