Williams v. Iberia Parish Sheriffs Office et al

Filing 45

ORDER: IT IS ORDERED that, to the extent that the 31 Motion for Summary Judgment on qualified immunity remains pending with regard to the claims asserted by plaintiff Jerald Stansbury, the motion is DENIED without prejudice to the defendants' right to reassert the motion, if necessary or appropriate, following the resolution of the state-law criminal charges currently pending against Mr. Stansbury. Signed by Magistrate Judge Patrick J Hanna on 4/6/2016. (crt,Alexander, E)

UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF LOUISIANA
LAFAYETTE DIVISION
JOSEPH B. WILLIAMS, JR.
JERALD STANSBURY

CIVIL NO. 6:14-cv-00633 (LEAD)
6:14-cv-00960 (MEMBER)

VERSUS

MAGISTRATE JUDGE HANNA

IBERIA PARISH SHERIFF OFFICE,
SHERIFF LOUIS M. ACKAL, AND
OFFICER ZACHARY SCHAUBERT

BY CONSENT OF THE PARTIES

ORDER
Pending before this Court is a motion for summary judgment brought by the
defendants, Sheriff Louis Ackal and Deputy Sheriff Zachary Schaubert, who have
been sued in their individual capacities under 18 U.S.C. § 1983, seeking dismissal of
the claims against them on the basis of qualified immunity. [Rec. Doc. 31]. In a
memorandum ruling dated August 28, 2015 [Rec. Doc. 44], this Court ruled on the
motion to the extent that it addressed the claims asserted by plaintiff Joseph B.
Williams, Jr. and deferred ruling to the extent that the motion addressed the claims
asserted by plaintiff Jerald Stansbury. At that time, state-law criminal charges
remained pending against Mr. Stansbury, and he was planning to proceed to trial.
This Court was subsequently notified that Mr. Stansbury was planning to enter a plea
with regard to the criminal charges. To date, however, no plea has been entered and
the matter has not been set for trial. Until the charges against Mr. Stansbury have

been resolved, it is not possible to determine the effect of those charges on the claims
asserted by Mr. Stansbury in this lawsuit, particularly under Heck v. Humphrey , 512
U.S. 477 (1994), nor is it possible to resolve the issues presented in the pending
motion concerning Mr. Stansbury. Accordingly,
IT IS ORDERED that, to the extent that the motion for summary judgment on
qualified immunity, which was filed by the defendants, Sheriff Louis M. Ackal and
Sheriff’s Deputy Zachary Schaubert [Rec. Doc. 31] remains pending with regard to
the claims asserted by plaintiff Jerald Stansbury, the motion is DENIED without
prejudice to the defendants’ right to reassert the motion, if necessary or appropriate,
following the resolution of the state-law criminal charges currently pending against
Mr. Stansbury.
Signed at Lafayette, Louisiana on April 6, 2016.

____________________________________
PATRICK J. HANNA
UNITED STATES MAGISTRATE JUDGE

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