Francois et al v. Gretna City et al
Filing
22
ORDER denying 8 Motion for Summary Judgment; granting 10 Motion to Stay. This matter is STAYED and ADMINISTRATIVELY CLOSED to be reopened on motion of any party, if appropriate, after the pending state court criminal charges have been resolved. Signed by Judge Helen G. Berrigan on 07/29/2013. (kac, )
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF LOUISIANA
OBADIAH FRANCOIS, ET AL
CIVIL ACTION
VERSUS
NO. 13‐2640
CITY OF GRETNA, ET AL
SECTION ʺCʺ (3)
ORDER AND REASONS
IT IS ORDERED that the motion for summary judgment filed by the plaintiffs is
DENIED without prejudice. Rec. Doc. 8.
IT IS FURTHER ORDERED that the motion to stay proceedings filed by the City of
Gretna is GRANTED. Rec. Doc. 10. Because criminal charges are pending for violations
of La. Rev. Stat. § 14:59A(5), relative to criminal mischief, and La.Rev.Stat. § 14:285A,
relative to harassing phone calls, the claims for wrongful seizure under 42 U.S.C. § 1983
fall within the ambit of Heck v. Humphrey, 512 U.S. 477 (1994) and Wallace v. Kato, 549 U.S.
384, 393 (2007). See Connors v. Graves, 538 F.3d 373, 377 (5th Cir. 2008). Therefore, this
matter is STAYED and ADMINISTRATIVELY CLOSED to be reopened on motion of any
party, if appropriate, after the pending state court criminal charges have been resolved.
New Orleans, Louisiana, this 29th day of July, 2013.
____________________________________
HELEN G. BERRIGAN
UNITED STATES DISTRICT COURT
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