Brewer v. Holland et al

Filing 32

MEMORANDUM OPINION AND ORDER signed by Senior Judge Charles R. Simpson, III on 7/12/2017, GRANTING Defendants' 24 Motion to Stay. Action is STAYED until the criminal actions are resolved. cc: Plaintiff, pro se; Counsel; Yvette Allen(RLK)

UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF KENTUCKY
AT LOUISVILLE
CHEROSCO L. BREWER

PLAINTIFF
CIVIL ACTION NO. 3:16-CV-00014-CRS

v.
OFFICER HOLLAND et al.

DEFENDANTS
Memorandum Opinion & Order

This matter is before the Court on the motion of Defendants Joel Casse, Holly Hogan,
Chad Stewart, Jimmy Adams, Anthony James, Robert Holland, and Justin Bickett (collectively,
“Defendants”) to stay this action pending the resolution of Plaintiff Cherosco L. Brewer’s
criminal cases. Mot. Stay 1, ECF No. 24. Brewer did not respond.
Brewer has criminal charges pending before the Jefferson County, Kentucky District
Court, Cases No. 15T562620 and 15T59196, as well as before the United States District Court
for the Western District of Kentucky, Case No. 3:17-CR-00037-DJH. The events forming the
basis for these criminal charges are the same as those forming the basis for the current civil case.
See Am. Compl. 4–7, ECF No. 12; Answer 1–2, ECF No. 23.
In Wallace v. Kato, the Supreme Court stated, “If a plaintiff files a false-arrest claim
before he has been convicted (or files any other claim related to rulings that will likely be made
in a pending or anticipated criminal trial), it is within the power of the district court, and in
accord with common practice, to stay the civil action until the criminal case or the likelihood of a
criminal case is ended.” 549 U.S. 384, 393–94 (2007). Furthermore, “[i]f the plaintiff is
ultimately convicted, and if the stayed civil suit would impugn that conviction, [Heck v.
Humphrey, 512 U.S. 477 (1994)] will require dismissal; otherwise, the civil action will proceed,
absent some other bar to suit.” Id. at 394.

Given that the criminal cases are still pending and that they may affect the disposition of
the current civil case, Defendants’ motion to stay is GRANTED. The current civil action is
STAYED until the criminal actions are resolved.

July 12, 2017

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