Cooper v. Rogers et al
JUDGMENT ADOPTING 11 Report and Recommendations. Thomas Davis and Police Dept of Homer terminated. IT IS ORDERED that Plaintiff's claim for damages for wrongful stop/arrest and excessive force against Defendants Rogers and Tucker is STAYED u nder the following conditions: a) within 30 days of the date the criminal proceedings against Plaintiff have concluded, Plaintiff must file a motion asking this Court to lift the stay and advising the Court of the outcome of the proceedings; b) if th e stay is lifted and the Court finds Plaintiff's claims would impugn the validity of his conviction, the action will be dismissed under Heck; if no such finding is made, the action will proceed at that time, absent some other bar to suit; and, c) in light of the stay, Plaintiff should not file any more documents in this action until the state court proceedings have concluded. Signed by Judge Elizabeth E Foote on 11/16/2017. (crt,Keifer, K)
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