Bell v. Jefferson County Sheriff Department

Filing 39

MEMORANDUM AND ORDER: IT IS HEREBY ORDERED that Defendants shall show cause why the stay should not be lifted by December 3, 2021. (Response to Court due by 12/3/2021.) Signed by District Judge Audrey G. Fleissig on 11/19/2021. (AFO)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
EASTERN DIVISION
JESSE BELL,
Plaintiff,
vs.
JEFFERSON COUNTY SHERIFF
DEPARTMENT, et al.,
Defendants.

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) No. 4:21-cv-00061-AGF
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MEMORANDUM AND ORDER
This matter is before the Court on Plaintiff’s second motion to lift the stay entered
in this case and proceed to discovery. (Doc. No. 37). Plaintiff, acting pro se, brought
this action pursuant to 42 U.S.C. § 1983, raising two claims of excessive force. The first
claim relates to his arrest on June 20, 2020, 1 and the second relates to his arrest on
November 15, 2020. 2 The Court previously stayed this case pending the final disposition
of the state court criminal proceedings against Plaintiff in State v. Bell, No. 20JECR04996-01 (23rd Jud. Cir. filed Mar. 22, 2021) and State v. Bell, No. 20JE-CR04564

Plaintiff has been charged with the following crimes arising out of his June 20,
2020 arrest: (1) stealing $25,000 or more; (2) resisting/interfering with arrest for a felony;
and (3) property damage in the first degree. See State v. Bell, No. 20JE-CR04996-01
(23rd Jud. Cir. filed Mar. 22, 2021).
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Plaintiff has been charged with the following crimes arising out of his November
15, 2020 arrest: (1) resisting/interfering with arrest for a felony; (2) stealing $750 or
more; (3) tampering with a motor vehicle in the first degree; and (4) possession of a
controlled substance except 35 grams or less of marijuana/synthetic cannabinoid. See
State v. Bell, No. 20JE-CR04564 (23rd Jud. Cir. filed Apr. 27, 2021).
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(23rd Jud. Cir. filed Apr. 27, 2021), followed by the final disposition of any appellate
proceedings.
A review of the dockets for the underlying criminal charges reveals Plaintiff pled
guilty to both charges on October 19, 2021 and was sentenced the same day. Pursuant to
Missouri Supreme Court Rule 24.035, a person convicted of a felony on a guilty plea
may challenge the conviction or sentence imposed for up to 180 days after the date the
sentence is entered. The Court entered a stay in this case because the same questions of
fact at issue here underly the criminal proceedings and Plaintiff does not have counsel to
protect his Fifth Amendment rights in this matter. Plaintiff may still challenge his
convictions or sentences, but the reasons underlying the stay are no longer as compelling.
Moreover, Plaintiff has made it clear that he wishes to proceed expeditiously on his
claims before the Court. In light of these factors, it appears that it may be appropriate to
lift the stay at this time and proceed with discovery.
Accordingly,
IT IS HEREBY ORDERED that Defendants shall show cause why the stay
should not be lifted by December 3, 2021.
AUDREY G. FLEISSIG
UNITED STATES DISTRICT JUDGE
Dated this 19th day of November, 2021.

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