Bowers v. Aberdeen Police Department
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)
UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
ROBERT NOLAN BOWERS,
CASE NO. 3:21-cv-05303-MJP-JRC
ABERDEEN POLICE DEPARTMENT,
This matter is before the Court on defendants’ motion to stay (“motion”). Dkt. 4.
Defendants move to stay this civil proceeding pending the end of plaintiff’s parallel criminal
proceeding in state court filed on May 4, 2021. Dkt. 4. Plaintiff did not file any opposition to the
motion. See Dkt. Also pending is plaintiff’s motion to continue which is noted for the Court’s
consideration on July 23, 2021. See Dkt. 11.
In April 2021, this case was removed from state court. Dkt. 1. Plaintiff alleges the
officers involved in his January 2021 arrest used excessive force. Dkt. 1, 2. Discovery has not
yet begun in this case and a scheduling order has not been has been issued. See Dkt.
ORDER - 1
At the time the motion was filed, plaintiff’s criminal charges arising out of an incident on
January 27, 2021 were currently proceeding in Grays County Superior Court and the case was set
for trial beginning May 25, 2021. Dkt. 5, Declaration of Counsel for Defendants. Plaintiff was
charged with burglary in the first degree, assault in the third degree, and resisting arrest. Id.
On June 17, 2021, the Court ordered defendants to file a status update on or before June
23, 2021. Dkt. 8. Defendants were directed to apprise the Court of plaintiff’s proceedings in his
criminal case and whether plaintiff’s criminal trial had concluded. Id. Defendants filed their
status report stating hat on May 4, 2021, plaintiff pled guilty to two felony crimes: residential
burglary and assault. Dkt. 9. Plaintiff’s remaining misdemeanor charge of resisting arrest was
dismissed as a part of the plea agreement. Id.
The Constitution does not ordinarily require a stay of civil proceedings pending the
outcome of criminal proceedings. Keating v. Office of Thrift Supervision, 45 F.3d 322 (9th Cir.
1995); Federal Sav. & Loan Ins. Corp. v. Molinaro, 889 F.2d 899, 902 (9th Cir. 1989). In the
absence of substantial prejudice to the rights of the parties involved, simultaneous parallel civil
and criminal proceedings are unobjectionable. Keating, 45 F.3d at 324. Nevertheless, a court
may decide in its discretion to stay civil proceedings when the interests of justice require such
Here, because plaintiff’s parallel criminal proceedings have now concluded, and there is
nothing in the record to indicate the interests of justice would require a stay at this stage, the
Court denies defendants’ motion to stay as moot.
Dated this 14th day of July, 2021.
J. Richard Creatura
Chief United States Magistrate Judge
ORDER - 2
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?