(PC) Kern v. Sacramento Police Dept.
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 9 JAMES KERN, Case No. 2:23-cv-00560-JDP (HC) Plaintiff, ORDER v. SACRAMENTO COUNTY POLICE
DEPARTMENT AND KRANTZ,
14 Defendants
16 Plaintiff brings this section 1983 case against the Sacramento County Police Department and several of its officers. ECF No. 1 at 2-3. He alleges that defendant Marquez, a detective, illegally detained him and searched his residence without a warrant in violation of the Fourth Amendment. Id. at 3. He seeks only monetary damages. Id. at 6. These allegations state a potentially cognizable claim against Marquez, but plaintiff must first indicate whether he is facing ongoing state criminal proceedings related to the alleged search and detention. If he is, then the court may stay his claim for damages until those proceedings have concluded. See Wallace v. Kato, 549 U.S. 384, 393-94 (2007) (“If a plaintiff files a false-arrest claim before he has been convicted (or files any other claim related to rulings that will…