Bowers v. Aberdeen Police Department
Filing
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ORDER denying Defendants' 4 Motion to Stay as moot, signed by Judge J Richard Creatura. **2 PAGE(S), PRINT ALL**(Robert Bowers, Prisoner ID: 816398)(KMC)
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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT TACOMA
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ROBERT NOLAN BOWERS,
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Plaintiff,
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ORDER
v.
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CASE NO. 3:21-cv-05303-MJP-JRC
ABERDEEN POLICE DEPARTMENT,
Defendant.
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This matter is before the Court on defendants’ motion to stay (“motion”). Dkt. 4.
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Defendants move to stay this civil proceeding pending the end of plaintiff’s parallel criminal
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proceeding in state court filed on May 4, 2021. Dkt. 4. Plaintiff did not file any opposition to the
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motion. See Dkt. Also pending is plaintiff’s motion to continue which is noted for the Court’s
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consideration on July 23, 2021. See Dkt. 11.
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In April 2021, this case was removed from state court. Dkt. 1. Plaintiff alleges the
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officers involved in his January 2021 arrest used excessive force. Dkt. 1, 2. Discovery has not
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yet begun in this case and a scheduling order has not been has been issued. See Dkt.
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ORDER - 1
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At the time the motion was filed, plaintiff’s criminal charges arising out of an incident on
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January 27, 2021 were currently proceeding in Grays County Superior Court and the case was set
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for trial beginning May 25, 2021. Dkt. 5, Declaration of Counsel for Defendants. Plaintiff was
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charged with burglary in the first degree, assault in the third degree, and resisting arrest. Id.
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On June 17, 2021, the Court ordered defendants to file a status update on or before June
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23, 2021. Dkt. 8. Defendants were directed to apprise the Court of plaintiff’s proceedings in his
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criminal case and whether plaintiff’s criminal trial had concluded. Id. Defendants filed their
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status report stating hat on May 4, 2021, plaintiff pled guilty to two felony crimes: residential
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burglary and assault. Dkt. 9. Plaintiff’s remaining misdemeanor charge of resisting arrest was
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dismissed as a part of the plea agreement. Id.
The Constitution does not ordinarily require a stay of civil proceedings pending the
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outcome of criminal proceedings. Keating v. Office of Thrift Supervision, 45 F.3d 322 (9th Cir.
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1995); Federal Sav. & Loan Ins. Corp. v. Molinaro, 889 F.2d 899, 902 (9th Cir. 1989). In the
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absence of substantial prejudice to the rights of the parties involved, simultaneous parallel civil
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and criminal proceedings are unobjectionable. Keating, 45 F.3d at 324. Nevertheless, a court
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may decide in its discretion to stay civil proceedings when the interests of justice require such
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action. Id.
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Here, because plaintiff’s parallel criminal proceedings have now concluded, and there is
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nothing in the record to indicate the interests of justice would require a stay at this stage, the
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Court denies defendants’ motion to stay as moot.
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Dated this 14th day of July, 2021.
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A
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J. Richard Creatura
Chief United States Magistrate Judge
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ORDER - 2
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