DAVIS v. CITY OF INDIANAPOLIS, et al
Filing
53
CLOSED DISMISSED - Entry Concerning Selected Matters and Directing Clerk to Administratively Close Case. The motion to reconsider [dkt. 52 ] is granted. For the reasons explained in the Entry of October 13, 2016, this civil action will not be deve loped until the murder charges now pending against plaintiff Major P. Davis, II, in the Marion Superior Court under Case Number 49G02-1407- MR-034656 are resolved. The parties' are directed to notify this Court when final judgment has been ent ered in the criminal case within 14 days of the date the criminal judgment is entered. The clerk is directed to administratively close this action on the docket. The case will be reopened only after final judgment is entered in the criminal case. (See Entry.) Copy to Plaintiff via U.S. Mail. Signed by Judge Tanya Walton Pratt on 3/1/2017.(JLS)
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF INDIANA
INDIANAPOLIS DIVISION
MAJOR P. DAVIS, II,
Plaintiff,
vs.
CITY OF INDIANAPOLIS, OFFICER
NICHOLAS GALLICO, ESTATE OF
OFFICER PERRY RENN,
Defendants.
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Case No. 1:16-cv-00090-TWP-MPB
Entry Concerning Selected Matters and Directing Clerk to Administratively Close Case
The court, having considered the above action and the matters which are pending, makes
the following rulings:
1.
Plaintiff Major Davis, for the second time, seeks reconsideration of the Court’s
order dismissing his false arrest claim pursuant to 28 U.S.C. § 1915A. Mr. Davis is facing criminal
murder charges based on the same circumstances surrounding the allegations in his civil rights
complaint. Mr. Davis argues that there was no probable cause to arrest him and that no probable
cause determination was made by a judicial officer. He further disagrees with the court’s prior
assessment that the defendants were not the arresting officers. Instead Major Davis contends that
he was arrested at the time the defendants held him at gun point and that defendant Gallico was in
fact that officer that placed him in handcuffs. Juriss v. McGowan, 957 F.2d 345, 349 n.1 (7th Cir.
1992)(“It is well settled that the actual existence of probable cause to arrest precludes a § 1983 suit
for false arrest.”)(citing Schertz v. Waupaca County, 875 F.2d 578, 582 (7th Cir. 1989)).
With this understanding the motion to reconsider [dkt. 52] is granted. The false arrest
claims shall proceed against the Estate of Officer Perry Renn and Officer Nicolas Galico.
This false arrest claim is governed by Wallace v. Kato, 127 S.Ct. 1091, 1098 (2007).
Wallace involved a claim of unlawful arrest and detention without legal process, which, if the
plaintiff prevailed, would render the criminal conviction invalid. The Supreme Court in Wallace
stated that if a plaintiff files a false arrest claim before he has been convicted, the court should stay
the civil action until the criminal case is ended.
2.
The clerk is directed to update the plaintiff’s address on the docket consistent with
the distribution portion of this Entry.
3.
For the reasons explained in the Entry of October 13, 2016, this civil action will not
be developed until the murder charges now pending against plaintiff Major P. Davis, II, in the
Marion Superior Court under Case Number 49G02-1407-MR-034656 are resolved.
4.
The parties’ are directed to notify this Court when final judgment has been entered
in the criminal case within 14 days of the date the criminal judgment is entered. The clerk is
directed to administratively close this action on the docket. The case will be reopened only after
final judgment is entered in the criminal case.
IT IS SO ORDERED.
Date: 3/1/2017
Distribution:
Major P. Davis II, # 13045
Wabash Valley Correctional Facility
6908 S. Old U.S. Highway 41
P.O. Box 500
Carlisle , IN 47838
All Electronically Registered Counsel
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