(PC) Kern v. Sacramento Police Dept. ( 2023 )

1 2 3 4 5 6 7 UNITED STATES DISTRICT COURT 8 FOR THE EASTERN DISTRICT OF CALIFORNIA 9 10 JAMES KERN, Case No. 2:23-cv-00560-JDP (HC) 11 Plaintiff, ORDER 12 v. 13 SACRAMENTO COUNTY POLICE DEPARTMENT AND KRANTZ, 14 Defendants 15 16 17 Plaintiff brings this section 1983 case against the Sacramento County Police Department 18 and several of its officers. ECF No. 1 at 2-3. He alleges that defendant Marquez, a detective, 19 illegally detained him and searched his residence without a warrant in violation of the Fourth 20 Amendment. Id. at 3. He seeks only monetary damages. Id. at 6. These allegations state a 21 potentially cognizable claim against Marquez, but plaintiff must first indicate whether he is facing 22 ongoing state criminal proceedings related to the alleged search and detention. If he is, then the 23 court may stay his claim for damages until those proceedings have concluded. See Wallace v. 24 Kato, 549 U.S. 384, 393-94 (2007) (“If a plaintiff files a false-arrest claim before he has been 25 convicted (or files any other claim related to rulings that will likely be made in a pending or 26 anticipated criminal trial), it is within the power of the district court, and in accord with common 27 practice, to stay the civil action until the criminal case or the likelihood of a criminal case is 28 ended.”). Within thirty days, plaintiff may file an amended complaint that explains whether he is 1 | facing ongoing state criminal proceedings. If he does not, I am inclined to find his claim against 2 | Marquez cognizable, but to stay service until plaintiff confirms his situation in state court. 3 Accordingly, it is ORDERED that: 4 1. Plaintiff should, within thirty days of this order’s entry, file an amended complaint that 5 | explains whether his allegations are related to ongoing state criminal proceedings. If plaintiff 6 | fails to do so, I will enter an order explaining why plaintiff's claim against Marquez is viable, but 7 || recommending that it be stayed pending plaintiffs indication of whether he is facing state 8 || criminal proceedings. 9 2. The Clerk of Court is directed to send plaintiff a complaint form. 10 Wl IT IS SO ORDERED. 12 ( ie - Dated: _ June 5, 2023 aw—— 13 JEREMY D. PETERSON 4 UNITED STATES MAGISTRATE JUDGE 15 16 17 18 19 20 21 22 23 24 25 26 27 28