Ruszczyk v. Noor
Ruszczyk v. Noor
Opinion of the Court
*757Robert Bennett and Marc Betinsky, Gaskins, Bennett & Birrell, LLP, 333 South Seventh Street, Suite 3000, Minneapolis MN 55402 (for Plaintiff);
Matthew D. Forsgren, Jenny Gassman-Pines, and Caitlinrose H. Fisher, Greene Espel PLLP, 222 South Ninth Street, Suite 2200, Minneapolis MN 55402 (for Defendant Noor);
Kristin R. Sarff and Tracey N. Fussy, Minneapolis City Attorney's Office, 350 South Fifth Street, Room 210 Minneapolis MN 55415 (for Defendants Arradondo, Harteau, and the City of Minneapolis); and
Jason M. Hiveley, Iverson Reuvers Condon, 9321 Ensign Avenue South, Bloomington MN 55438 (for Defendant Harrity).
ORDER STAYING CASE
Tony N. Leung, United States Magistrate Judge *758I. INTRODUCTION
Late on the ultimately tragic night of July 15, 2017, Justine Maia Ruszczyk ("Ruszczyk") called 911 as a concerned community member to report hearing a woman in distress in the alleyway behind her home. (Compl. ¶¶ 74-77, ECF No. 1; Decl. of Matthew D. Forsgren, at Ex. A ¶ 1, ECF No. 17 (hereinafter "State Crim. Compl.") ).
An investigation into the shooting followed and Noor asserted-and continues to assert-his Fifth Amendment right against self-incrimination and to remain silent. (Compl. ¶¶ 104, 231, 233). Noor was charged on March 20, 2018 in Hennepin County District Court by the State of Minnesota with two counts: (1) Murder - Third Degree - Perpetrating Eminently Dangerous Act and Evincing Depraved Mind, in violation of MINN. STAT. § 609.195(a) ; and (2) Manslaughter - Second Degree - Culpable Negligence Creating Unreasonable Risk, in violation of MINN. STAT. § 609.205(1). (State Crim. Compl., at 1; see Compl. ¶ 227). Noor has disclosed he intends to rely upon three defenses at his criminal trial: that he is not guilty; that he acted in self-defense; and that he used reasonable force. (Decl. of Kristin R. Sarff, at Ex. 2, ECF No. 10). The Minnesota state court held a hearing on September 27, 2018 to address motions concerning probable cause and other pretrial matters. (Sarff Decl., at Ex. 4; see Decl. of Robert Bennett, at Exs. 1-2, ECF No. 30 (Noor's motion to dismiss for lack of probable cause and motion to dismiss for prosecutorial misconduct submitted in the criminal proceeding); ECF No. 32 (briefing submitted in the criminal proceeding by the State of Minnesota and Noor concerning Noor's motion to dismiss for lack of probable cause); see ECF No. 34). The trial date has been set for April 1, 2019. (ECF No. 34).
While the state criminal proceeding against Noor remains pending, Plaintiff John Ruszczyk,
II. ANALYSIS
A. Legal Standard
A federal district court has "the inherent power to stay the proceedings of an action, so as to control [its] docket, to conserve judicial resources, and to provide for the just determination of cases which pend before [it]." Armstrong v. Mille Lacs Cty. Sheriffs Dept. ,
"[T]o warrant a stay, [the] defendant must make a strong showing either that the two proceedings are so interrelated that he cannot protect himself at the civil trial by selectively invoking his Fifth Amendment privilege, or that the two trials will so overlap that effective defense of both is impossible." Koester ,
(1) the interest of the plaintiffs in proceeding expeditiously with this litigation or any particular aspect of it, and the potential prejudice to plaintiffs of a delay; (2) the burden which any particular aspect of the proceedings may impose on defendants; (3) the convenience of the court in the management of its cases, and the efficient use of judicial resources; (4) the interests of persons not parties to the civil litigation; and (5) the interest of the public in the pending civil and criminal litigation.
*760Fid. Nat'l Title Ins. Co. of New York ,
B. Keating Factors and Koester Analysis
1. Plaintiff's Interest and the Prejudice of Delay
Plaintiff "ha[s] a legitimate interest in the expeditious resolution of [his] case." Tr. of Plumbers and Pipefitters Nat'l Pension Fund v. Transworld Mech., Inc. ,
Some courts have noted that the possibilities of substantial delay "given the unpredictable nature of criminal proceedings ... could potentially result in Plaintiff's inability to discover evidence material to h[is] claims" should a stay be entered. Doe v. St. Clair Cty. ,
As the parties point out, Plaintiff's stated purpose for bringing suit is to attempt *761to receive an explanation for Noor's July 15, 2017 shooting of Ruszczyk. (Pl.'s Mem. in Opp., at 16, ECF No. 29). Plaintiff emphasizes that "he deserves to know the truth." (Pl.'s Mem. in Opp., at 4). And, certainly, that is understandable as he is Ruszczyk's father and the trustee of her estate. If this case were to proceed in the ordinary course contemporaneously with the state criminal proceeding, Noor would assert his Fifth Amendment right-as discussed more fully below-and, in all likelihood, Plaintiff would not receive an explanation from Noor concerning the events on July 15, 2017. While Plaintiff has asserted he may be able to gather at least some information from Harrity through discovery, Harrity has intimated that the specter of prosecution may also lead him to a limited assertion of his Fifth Amendment right against self-incrimination. Thus, where Plaintiff seeks answers, he is poised to receive none of the potentially critical testimony of Noor, and possibly Harrity, should this civil suit proceed.
The Court is extremely sympathetic to the fact that a stay "lengthen[s] the time during which the Plaintiff must address the traumatic events alleged." St. Clair Cty. ,
2. Burden on Defendants
Looking first at Defendant Noor, he faces substantial burden if this case is not stayed. "Any individual defendant who is forced to respond to discovery will be faced with the choice of whether to claim or waive the privilege against self-incrimination." Chagolla ,
As Noor's counsel made abundantly clear at the hearing on the instant motions, if this civil case proceeds simultaneously with Noor's criminal prosecution, Noor will invoke his Fifth Amendment right whether it involves responses and testimony provided in discovery or, more pressing to the present stage of litigation, in preparing his answer to Plaintiff's Complaint. This is not sophistic speculation given Noor has already invoked his Fifth Amendment right *762in the investigation that followed the shooting and preceded the criminal charges. Noor's Fifth Amendment invocation is certainly appropriate and, indeed, it would be surprising if Noor's seasoned criminal counsel did not rather insist on such invocation at this point of the criminal proceeding.
Plaintiff will likely use Noor's privilege invocation to help prove Noor's liability. S.E.C. v. Brown ,
it is not at all rare for a person faced with criminal charges or a pending investigation to invoke the privilege even though he may have done nothing wrong, out of an abundance of caution prompted by a careful criminal defense lawyer. Though a person who claims the privilege in such circumstances and then has it used against him in a parallel civil case ordinarily is given the chance to explain his invocation of the privilege, the finer points of risk-aversion as it relates to criminal defense practice easily can be lost on lay jurors. A civil defendant in this situation who is effectively backed into a corner in which he has no viable choice but to claim the privilege is forced to face a significant risk of unfair prejudice that may be virtually impossible to remedy.
Noor's invocation of his Fifth Amendment right may also impact his codefendants. As the City Defendants
The City Defendants additionally point to the difficulty in acquiring various other discovery should this case proceed. Under the Minnesota Government Data Practices Act, "investigative data collected or created by a law enforcement agency in order to prepare a case against a person ... for the commission of a crime or other offense *763for which the agency has primary investigative responsibility are confidential or protected nonpublic while the investigation is active." MINN. STAT. § 13.82, SUBD. 7. Such data becomes public, inter alia , once it is presented as evidence in court, a defendant's appeal rights are exhausted or expired, or disclosure is authorized or ordered. MINN. STAT. § 13.82, SUBD. 7. It is well-settled in this District-and a governmental entity like the City of Minneapolis should be well aware-that the Minnesota Government Data Practices Act yields to civil discovery as governed by the Federal Rules of Civil Procedure. See, e.g., Scheffler v. Molin , Case No. 11-cv-3279 (JNE/JJK),
Conversely, the protective order governing Noor's criminal case does. Under that protective order, discovery provided in the criminal case cannot be shared with any non-party or their counsel. (ECF No. 31-1 ¶ 3). The expansive discovery permitted under the Federal Rules of Civil Procedure would likely put the parties in a position of litigating the propriety and scope of the Minnesota court's protective order and whether discovery can be obtained while it remained active. It is prudent for the Court to avoid such a dispute where possible. Glickman, Lurie, Eiger & Co. v. I.R.S. ,
Based on the foregoing, Noor, Harrity, and the City Defendants face substantial burden should this case presently proceed. This factor weighs in favor of a stay.
3. Convenience of the Court
Courts have "a strong interest in keeping litigation moving to conclusion without unnecessary delay." In re CFS-Related Sec. Fraud Litig. ,
A stay here would conserve scarce judicial resources. Given the substantial overlap between Noor's prosecution and the Section 1983 civil claim asserted against him, the discovery produced by the criminal proceeding will likely be relevant to and discoverable for this civil proceeding. Moreover, the outcome of Noor's prosecution might simplify the parties' positions in this matter, or even resolve some of the liability questions.
As the Court noted above, if discovery proceeds, the Court will likely be called to decide questions related to the state court's protective order, a dispute that ought to be avoided if possible. This is unlikely to be the only prickly motion practice. Absent a stay, discovery may well "become bogged down" as the Court "will be forced to make numerous individual rulings on what will likely be a long series of Fifth Amendment assertions." United States v. All Meat and Poultry Prods. ,
The City Defendants have intimated at motion practice aimed at Plaintiff's Complaint. While the City Defendants' are right to point out their obligation to have a good faith basis underpinning their motion, the Court is unconvinced a stay is needed for the City Defendants' likely motion to dismiss as such matters are decided on the pleadings alone. But such motions need not be decided if the criminal proceeding changes the factual and legal landscape of this civil litigation. If anything, the parties may need to reform their pleadings following the criminal proceeding.
These considerations related to the Court's resources and case management weigh in favor of a stay. Moreover, to reduce further the burden of a stay a court can "require[e] the parties to advise the Court on any development in the criminal case." Chao v. Fleming ,
4. Interest of Non-Parties
All parties assert this factor is not applicable as all interested persons or entities are already parties to the civil suit. The Court agrees that there are no non-parties that have an interest in whether a stay is granted that would not be considered alongside the interest of the general public, with one exception.
The Hennepin County Attorney's Office, via a letter filed with the Court, asserts "an interest in the motions for stay as the prosecuting agency in the state criminal proceeding." (HCAO Letter, at 1, ECF No. 31). The Hennepin County Attorney's Office agrees that this civil proceeding should be stayed to "assur[e] the integrity *765and fairness of the criminal case." (HCAO Letter, at 1). Specifically, the Hennepin County Attorney's Office expresses concern that discovery in this civil case could undermine the effectiveness of the state court's protective order and thereby prejudice the jury pool, particularly given the "exceptional amount of publicity" garnered by the criminal case. (HCAO Letter, at 1). It is unlikely that a protective order in this case would fully insulate this harm. In re Grand Jury Subpoena Served on Meserve, Mumper & Hughes ,
5. Interest of the Public
The public has a great interest in this case. Few disputes grab America's conscience, and indeed that of civil societies throughout the world, more than where there is a claim the very individuals or institutions people have mandated to use force when necessary to secure persons, rights, and property have taken a life by exceeding the force necessary to uphold that mandate. A stay would delay the ultimate outcome of this civil proceeding and the "public has an interest in the prompt disposition of civil litigation, an interest that has been enacted into positive law via the Civil Justice Reform Act of 1990." Chagolla ,
In a case where Noor's counsel has already assured heavy invocation of the Fifth Amendment, the record will be incomplete. "There is an important public interest in having that issue decided on the basis of a full factual record." Edwards v. Atrium Vill. ,
Accordingly, the public's interest weighs in favor of a stay.
6. Koester Considerations and the Majority of the Keating Factors Weigh in Favor of a Stay
As Koester notes, a "defendant must make a strong showing either that the two proceedings are so interrelated that he cannot protect himself at the civil trial by selectively invoking his Fifth Amendment privilege, or that the two trials will so overlap that effective defense of both is impossible."
Returning to summarize the Keating factors, the Court finds a stay is currently warranted. With respect to Plaintiff's interest and the prejudice caused by a delay, this factor is neutral. While Plaintiff has substantial interest in proceeding without delay, the Court finds no prejudice with respect to evidentiary matters. Also, Plaintiff's bona fide quest for the truth of what occurred that tragic night is enhanced by a stay of the civil proceeding. Defendants, conversely, all face substantial burden if a stay is not entered. Noor would be forced to choose between defending his criminal prosecution or this civil proceeding, a choice that would also have serious consequences for his co-defendants. The Court's efficient management of this case will be enhanced by a stay. Noor's criminal case may narrow and simplify the issues disputed in this civil suit and will generate relevant discovery. On the other hand, absent a stay, the Court would likely face substantial disputes concerning extremely difficult issues such as the applicability and scope of Fifth Amendment assertions and the propriety of a state court's protective order, as well as the probability that parties *767will later move to reopen or supplement discovery that would have already been completed. Moreover, the burden on the Court of a stay is tempered by requiring the parties to keep the Court informed periodically as to the state criminal proceeding. This further allows the parties an opportunity to address the propriety of continuing the stay, particularly given the unpredictable trajectory of criminal proceedings. Concerning non-parties, the Hennepin County Attorney's Office has expressed valid concerns as to protecting the integrity of the jury pool in light of the expansive civil discovery process. Such concerns are shared by the general public, who together with the Court, parties, and non-parties, have a concomitant interest in maintaining the indispensable nexus between the justice system and truth and fairness, particularly in a case that has garnered much publicity locally, nationally, and internationally. Thus, the majority of Keating factors weigh in favor of a stay.
III. EXTENSION OF TIME TO ANSWER OR OTHERWISE RESPOND
Pursuant to Rule 6, the Court may, for good cause, extend the period of time for a party to answer or otherwise respond. Fed. R. Civ. P. 6(b)(1). Such "motions to extend are to be liberally permitted." Baden v. Craig-Hallum, Inc. ,
IV. CONCLUSION
This is a case of multifaceted difficulty for all parties involved. Understandably, Plaintiff wants to progress his case. That progression, however, is not appropriate currently for the reasons discussed herein. The Court will, though, require periodic updates from the parties as to the status of the criminal case so as to be in position to reweigh the propriety of the stay at the appropriate time.
Therefore, based on the foregoing and all the files, records, and proceedings herein, IT IS HEREBY ORDERED that Defendant Noor's Motion to Stay, (ECF No. 14), City Defendants' Motion to Stay Proceedings and Extend the Time to Answer or Respond to the Complaint, (ECF No. 8), and Defendant Harrity's Motion to Stay and to Extend Deadline to Answer or Respond to Complaint, (ECF No. 23), are GRANTED as follows:
1. This matter is stayed until the criminal case pending in the Fourth Judicial District of Minnesota, captioned State of Minnesota v. Noor , Court File No. 27-CR-18-6859, is resolved via dismissal, not guilty verdict, or sentencing following a guilty plea or guilty verdict, or until further order of the Court.
2. Defendant Noor, Defendant Harrity, and the City Defendants shall answer or otherwise respond to Plaintiff's Complaint no later than 45 days following the termination of the stay.
3. Defendant Noor, with input from Plaintiff and all other parties in this action, shall file a status letter with the Court *768every 60 days following this Order. The letter shall inform the Court of the status of the state criminal proceeding, including relevant developments occurring since the previous letter and any upcoming deadlines.
4. All prior consistent orders remain in full force and effect.
5. Failure to comply with any provision of this Order or any other prior consistent order shall subject the non-complying party, non-complying counsel, and/or the party such counsel represents to any and all appropriate remedies, sanctions, and the like, including without limitation: assessment of costs, fines, and attorneys' fees and disbursements; waiver of rights to object; exclusion or limitation of witnesses, testimony, exhibits, and other evidence; striking of pleadings; complete or partial dismissal with prejudice; entry of whole or partial default judgment; and/or any other relief that this Court may from time to time deem appropriate.
The state criminal complaint was also provided as Exhibit 1 to the Declaration of Kristin R. Sarff. (ECF No. 10). The Court cites to the enumerated version provided in the Forsgren Declaration for clarity.
The presiding judge in the state criminal case is the Honorable Kathryn L. Quaintance, District Court Judge for the Fourth Judicial District of Minnesota.
To avoid confusion, this Court refers to Justine Maia Ruszczyk as "Ruszczyk" and the trustee of her estate, John Ruszczyk, as "Plaintiff."
"City Defendants" refers to Janeé Harteau, Medaria Arradondo, and the City of Minneapolis.
This also means that Plaintiff may well need to amend or supplement his complaint once the stay is lifted. The parties should communicate with one another following the lifting of the stay so as to avoid duplicative and unneeded motion practice.
Reference
- Full Case Name
- John RUSZCZYK, AS TRUSTEE FOR the Next of Kin of Justine Maia RUSZCZYK v. Mohamed Mohamed NOOR and Matthew Thomas Harrity, Acting in Their Individual Capacities as Minneapolis Police Officers Janeé Harteau, Acting in Her Official Capacity as Minneapolis Chief of Police Medaria Arradondo, Acting in His Official Capacities as Minneapolis Assistant Chief of Police and Minneapolis Chief of Police and the City of Minneapolis
- Cited By
- 13 cases
- Status
- Published