Ruszczyk v. Noor

349 F. Supp. 3d 754
CourtDistrict Court, D. Maine
DecidedOctober 2, 2018
DocketCase No. 18-cv-2086 (PAM/TNL)
StatusPublished
Cited by13 cases

This text of 349 F. Supp. 3d 754 (Ruszczyk v. Noor) is published on Counsel Stack Legal Research, covering District Court, D. Maine primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Ruszczyk v. Noor, 349 F. Supp. 3d 754 (D. Me. 2018).

Opinion

*757Robert Bennett and Marc Betinsky, Gaskins, Bennett & Birrell, LLP, 333 South Seventh Street, Suite 3000, Minneapolis MN 55402 (for Plaintiff);

Matthew D. Forsgren, Jenny Gassman-Pines, and Caitlinrose H. Fisher, Greene Espel PLLP, 222 South Ninth Street, Suite 2200, Minneapolis MN 55402 (for Defendant Noor);

Kristin R. Sarff and Tracey N. Fussy, Minneapolis City Attorney's Office, 350 South Fifth Street, Room 210 Minneapolis MN 55415 (for Defendants Arradondo, Harteau, and the City of Minneapolis); and

Jason M. Hiveley, Iverson Reuvers Condon, 9321 Ensign Avenue South, Bloomington MN 55438 (for Defendant Harrity).

ORDER STAYING CASE

Tony N. Leung, United States Magistrate Judge *758I. INTRODUCTION

Late on the ultimately tragic night of July 15, 2017, Justine Maia Ruszczyk ("Ruszczyk") called 911 as a concerned community member to report hearing a woman in distress in the alleyway behind her home. (Compl. ¶¶ 74-77, ECF No. 1; Decl. of Matthew D. Forsgren, at Ex. A ¶ 1, ECF No. 17 (hereinafter "State Crim. Compl.") ).1 Minneapolis Police Officers Mohamed Noor and Matthew Harrity arrived at the alleyway in their marked police SUV, with Harrity driving and Noor riding in the front passenger seat. (Compl. ¶¶ 84-91; State Crim. Compl. ¶ 3). Harrity drove slowly through the alleyway, but never came to a full stop. (Compl. ¶¶ 105-07; State Crim. Compl. ¶¶ 4-5). Once near the end of the alleyway, Noor entered "Code 4" in the police squad computer, which signaled that the situation was safe and under control. (Compl. ¶¶ 108-10; State Crim. Compl. ¶ 6). Sometime after this code was entered and while Harrity was waiting to leave the alleyway to respond to another police call, Noor fired his duty weapon across Harrity's chest and lap, through the open driver's side window. (Compl. ¶¶ 111-15, 134; see State Crim. Compl. ¶¶ 6-7). The bullet fatally struck Ruszczyk. (Compl. ¶¶ 115, 151, 162-63; State Crim. Compl. ¶¶ 9-10).

An investigation into the shooting followed and Noor asserted-and continues to assert-his Fifth Amendment right against self-incrimination and to remain silent. (Compl. ¶¶ 104, 231, 233). Noor was charged on March 20, 2018 in Hennepin County District Court by the State of Minnesota with two counts: (1) Murder - Third Degree - Perpetrating Eminently Dangerous Act and Evincing Depraved Mind, in violation of MINN. STAT. § 609.195(a) ; and (2) Manslaughter - Second Degree - Culpable Negligence Creating Unreasonable Risk, in violation of MINN. STAT. § 609.205(1). (State Crim. Compl., at 1; see Compl. ¶ 227). Noor has disclosed he intends to rely upon three defenses at his criminal trial: that he is not guilty; that he acted in self-defense; and that he used reasonable force. (Decl. of Kristin R. Sarff, at Ex. 2, ECF No. 10). The Minnesota state court held a hearing on September 27, 2018 to address motions concerning probable cause and other pretrial matters. (Sarff Decl., at Ex. 4; see Decl. of Robert Bennett, at Exs. 1-2, ECF No. 30 (Noor's motion to dismiss for lack of probable cause and motion to dismiss for prosecutorial misconduct submitted in the criminal proceeding); ECF No. 32 (briefing submitted in the criminal proceeding by the State of Minnesota and Noor concerning Noor's motion to dismiss for lack of probable cause); see ECF No. 34). The trial date has been set for April 1, 2019. (ECF No. 34).2

While the state criminal proceeding against Noor remains pending, Plaintiff John Ruszczyk,3 as trustee for Justine Maia Ruszczyk's estate, brought suit on July 23, 2018 against Noor, Harrity, the Minneapolis Police Department police *759chiefs, and the City of Minneapolis, asserting four claims for relief. In Count 1, Plaintiff asserts Fourth Amendment violations under 42 U.S.C. § 1983 against Noor for shooting and killing Ruszczyk. (Compl. ¶¶ 285-90). In Count 2, Plaintiff asserts, under 42 U.S.C. § 1983, that Noor and Harrity conspired together to deprive Ruszczyk of her civil rights in the shooting and its aftermath. (Compl. ¶¶ 291-96). In Count 3, Plaintiff asserts that the City of Minneapolis violated Ruszczyk's civil rights by failing to train its police officers appropriately. (Compl. ¶¶ 297-303). In Count 4, Plaintiff asserts that the City of Minneapolis and its police chiefs, Janeé Harteau (former) and Medaria Arradondo (current), oversaw a custom, pattern, or practice concerning the improper use of deadly force on civilians by officers of the Minneapolis Police Department. (Compl. ¶¶ 304-11). All defendants have moved for a stay of proceedings in this civil case until the state criminal proceeding against Noor concludes. Plaintiff opposes Defendants' motions.

II. ANALYSIS

A. Legal Standard

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, 57 S.Ct. 163, 81 L.Ed. 153 (1936) ). The Constitution "does not ordinarily require a stay of civil proceedings pending the outcome of criminal proceedings." SEC v. Dresser Industries, Inc. , 628 F.2d 1368, 1375 (D.C. Cir. 1980) (citing Baxter v. Palmigiano , 425 U.S. 308, 96 S.Ct. 1551, 47 L.Ed.2d 810 (1976) ). But "[a] stay of a civil trial until factually related criminal proceedings are concluded is sometimes warranted." Koester v. Am. Republic Invs., Inc. ,

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Bluebook (online)
349 F. Supp. 3d 754, Counsel Stack Legal Research, https://law.counselstack.com/opinion/ruszczyk-v-noor-med-2018.