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440 Civil Rights: Other | Illinois Northern
Minute
MINUTE entry before the Honorable Thomas M. Durkin: Plaintiff brings claims of excessive force, unlawful search and seizure, and fabrication of evidence, based on his arrest on July 21, 2023. Criminal charges based on that same arrest are pending in state court. Defendants seek a stay while the criminal case proceeds. Plaintiff argues that a stay is not warranted for his excessive force claim because "a finding of excessive force against these Defendants would not undermine any potential conviction on the offenses for which Plaintiff is currently charged." R. 15 at 3 (citing cases). While this might be true, Plaintiff's other claims, including unlawful search and seizure and fabrication of evidence, do implicate his criminal proceedings. Plaintiff does not address this circumstance. Therefore, Defendants' motion to stay 13 is granted. See Younger v. Harris, 401 U.S. 37 (1971); Heck v. Humphrey, 512 U.S. 477 (1994). A joint status report is due 9/25/2026 or whenever Plaintiff's criminal case concludes, whichever is earlier. Mailed notice. (ecw, ) (Entered: 03/26/2026)
Reply
REPLY by Dexter Calhoun, City of Chicago, Humberto Cruz to MOTION by Defendants Dexter Calhoun, City of Chicago, Humberto Cruz to stay OPPOSED
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