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Defendant's Attorney: Drew D. Guyton for Mississippi

Alben N. Hopkins, Jr. for Stone County Sheriff's Departement

Description: Jackson, Mississippi civil rights lawyers represented plaintiffs whose rights have been violated.


his matter arises out of two traffic stops of Plaintiff Deryl Baker (“Plaintiff” or “Baker”) by officers of the Stone County, Mississippi, Sheriff's Department. See 2d Am. Compl. [52] at 1-2, 4-5. Plaintiff, who is proceeding pro se, alleges that he was illegally stopped on two occasions and then “maliciously charged” with “driving under the influence” (“DUI”) of a controlled substance and “possession of a firearm by a felon [and] possession of marijuana.” Id. at 7-8 (emphasis removed). Plaintiff filed a Complaint in this Court on July 13, 2020, followed by an Amended Complaint [15] and a Second Amended Complaint [52], which advances claims under 42 U.S.C. § 1983 against Defendants related to the traffic stop, the search of his car, and his arrest. See id.

Defendants have filed a Motion [57] for Judgment on the Pleadings pursuant to Federal Rule of Civil Procedure 12(c). See Mot. [57]. Defendants argue that “Plaintiff's constitutional claims must be, at a minimum, stayed inasmuch as there are pending criminal charges against him arising out of the very events about which he is complaining in this civil suit,” and a judgment in Plaintiff's favor in this case may imply the invalidity of a conviction or sentence in the state criminal proceeding. Mem. [58] at 7 (citing Wallace v. Kato, 549 U.S. 384, 384 (2007); Heck v. Humphrey, 512 U.S. 477, 486-87 (1994)); see Reply [63] at 1. Plaintiff responds that Defendants did not raise the issue of his pending criminal charges in any prior pleading and that the charges are “tainted with deceptive practices” and an “attempt to stage a pending sham proceeding.” Resp. [61] at 2. Plaintiff insists that that Wallace and Heck are inapplicable because there has been no conviction or sentence “that the cause of action would impugn.” Id. at 3.

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In Heck, the United States Supreme Court held that to recover for damages for a claim under 42 U.S.C. § 1983 related to conduct that would render a plaintiff's prior criminal conviction or sentence invalid, the plaintiff must first prove that the conviction or sentence has been reversed on direct appeal, expunged, declared invalid by a state tribunal, or called into question by a federal court's issuance of a writ of habeas corpus. See Heck, 512 U.S. at 486-87. Otherwise, such a claim is not cognizable under § 1983. See id. at 487.

Outcome:
IT IS, THEREFORE, ORDERED AND ADJUDGED that, the Motion [57] for Judgment on the Pleadings filed by Defendants Jaimie Wabel, Kevin Hines, Kevin Sharpe, and Stone County, MS is DENIED WITHOUT PREJUDICE, with leave to reassert when this case is reopened.

IT IS, FURTHER, ORDERED AND ADJUDGED that, the Motion [65] to Strike Plaintiff Deryl Baker's Surreply [64] filed by Defendants Jaimie Wabel, Kevin Hines, Kevin Sharpe, and Stone County, MS is DENIED AS MOOT.

IT IS, FURTHER, ORDERED AND ADJUDGED that, this civil action is STAYED and ADMINISTRATIVELY CLOSED until further Order of the Court. Nothing contained in this Order shall be considered a dismissal or disposition of this matter. The Court retains jurisdiction over the case to allow either party to file a motion to reopen the case once the criminal charges against Plaintiff Deryl Baker arising from the incidents that form the basis of the claims in the Second Amended Complaint [52] are fully and finally resolved.

SO ORDERED AND ADJUDGED...
Baker v. Wabel (S.D. Miss. 2022)

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