Parker v. Pickens

Attorney General JANET L. MERRILL (Bar No. 10736) Deputy Attorney General State of Nevada Office of the Attorney General 555 E. Washington Ave., Ste. 3900 Las Vegas, Nevada 89101 (702) 486-3370 (phone) (702) 486-3773 (fax) Email: [email protected] Attorneys for Interested Party, Nevada Department of Corrections 9 UNITED STATES DISTRICT COURT 10 DISTRICT OF NEVADA DIONDRE L. PARKER, Case No. 3:22-cv-00543-MMD-CLB 12 Plaintiff, v. ORDER GRANTING STAY REQUESTED IN INTERESTED M. PICKENS, et al., PARTY’S STATUS REPORT [ECF NO. 17] 15 Defendants 17 Interested Party, Nevada Department of Corrections (NDOC), by and through counsel Aaron D. Ford, Attorney General and Janet L. Merrill, Deputy Attorney General, hereby files its Status Report regarding the Order granting Motion for Modified Stay Pending Resolution of Criminal Proceedings issued by this Honorable Court on August 17, 2023. ECF No. 17.

22 On August 9, 2023, NDOC filed a Request for Judicial Notice. ECF No. 15. NDOC attached to its Request for Judicial Notice as Exhibit A-1, a copy of the Amended Criminal Complaint filed against offender Diondre L. Parker, #1129722 in the Justice Court of Ely Township No. 1, County of White Pine, State of Nevada, Case No. 22-CR-00148-7K. NDOC attached to its Request as Exhibit A-2, a copy of the Docket of Plaintiff’s criminal case.

27 The Amended Criminal Complaint alleged three counts of Battery against Parker for striking and biting Correctional Emergency Response Team member Madeline Pickens || “Parker Criminal Proceeding”). See generally ECF No. 15, at Exhibit A-1.

2 Also, on August 9, 2023, NDOC filed a Motion to modify the stay of the action. ECF || No. 16. Inits Motion, NDOC explained that there is an undisputable overlap between the ||criminal case against Diondrae Parker and the instant civil case. The two cases involve ||the same date, February 10, 2022, and same location, Ely State Prison. Screening Order, || ECF No. 5, at 3:22 to 25; Amended Criminal Complaint, ECF No. 15, Exhibit A-1, at 1:18 |{to 17.

8 This case involves numerous Defendants and allegations of Eighth Amendment ||excessive force, First Amendment retaliation and Fourth Amendment unreasonable ||search. See generally Screening Order. Parker names Correctional Officer Madeline || Pickens in his §1983 civil action. ECF No. 6, at 5:5 to 13. In the criminal case, it is alleged ||that Parker used force against Madeline Pickens. See generally Amended Criminal || Complaint, ECF No. 15, Exhibit A-1.

14 The Court granted NDOC’s Motion and as part of the Order required NDOC to file 15 Status Report no later than 180 days after the issuance of the Order.

16 The Parker Criminal Proceeding is set for a Criminal Jury Trial starting on August ||6, 2024. See Exhibit A, attached hereto.

18 THE STATE OF NEVADA, 19 Plaintiff, *0 vs. ORDER SETTING 21 CRIMINAL JURY TRIAL DIONDRAE LAMAR PARKER, 99 #1129722, 23 Defendant.

24 IT IS HEREBY ORDERED that a jury trial in the above-entitled matter is set to 25 commence on Tuesday, the 6" day of August, 2024, to continue through Wednesday, the 26 7® day of August, 2024, at the hour of 9:30 a.m., at the White Pine County Courthouse, 27 Ely, Nevada. .

28 HII 17.

3 Moreover, NDOC respectfully submits that a continued stay remains warranted under the five factors set forth in Keating v. Off. of Thrift Supervision, 45 F.3d 322, 324– 25 (9th Cir. 1995). NDOC re-iterates the analysis set forth in its Motion. ECF No. 16, at 3:4 to 7:1.

7 In particular, Parker’s Fifth Amendment rights may be implicated by parallel civil and criminal proceedings. Id., at 5:4 to 9. The public’s interest in the integrity of the criminal case is entitled to precedence over the civil litigant. Id., at 6:22 to 7:1. And, participation in an Early Mediation Conference and settlement in this civil matter may be more productive when the Criminal Proceeding is complete. Id. 12 NDOC respectfully requests that the instant stay be continued until the completion of the trial in the pending Criminal Proceeding.

14 DATED this 9th day of February 2024.

15 AARON D. FORD Attorney General 17 By: /s/Janet L. Merrill JANET L. MERRILL (Bar No. 10736) 18 Deputy Attorney General 19 Attorneys for Interested Party, Nevada Department of Corrections ORDER 23 The stay in this case is continued until September 1, 2024. The parties are ordered to file a status report on or before that date.

24 IT IS SO ORDERED.

Dated: February 12, 2024.

27 _________________________________________ UNITED STATES MAGISTRATE JUDGE 1 CERTIFICATE OF SERVICE 2 I certify that I am an employee of the State of Nevada, Office of the Attorney ||General, and that on February 9, 2024, I electronically filed the foregoing, INTERESTED || PARTY’S STATUS REPORT REGARDING MODIFIED STAY [ECF NO. 17], via this || Court’s electronic filing system. Parties that are registered with this Court’s electronic || filing system will be served electronically. a Diondre Parker #1129722 8 c/o Law Librarian Northern Nevada Correctional Center 9 P.O. Box 7000 Carson City, NV 89702 10 [email protected] 1 Capen 3 An employee of the 14 Office of the Attorney General EXHIBIT A

EXHIBIT A , Case No. CR-2303074 Dept No. 2 + “AN IN THE SEVENTH JUDICIAL DISTRICT COURT OF THE STATE OF NEVADA, IN AND FOR THE COUNTY OF WHITE PINE 10 KEKKKKK THE STATE OF NEVADA, pe, Plaintiff, 13 VS. ORDER APPOINTING COUNSEL DIONDRAE LAMAR PARKER, a #1129722, w 15 16 Defendant.

18 IT IS HEREBY ORDERED that the Nevada State Public Defender’s Office, located 19 at 1500 Avenue F, Ely, Nevada 89301 (775) 430-0386, is appointed to represent the || above-named defendant, Diondrae Lamar Parker, in these proceedings.

21 DATED this 22 Say of January, 2024.

24 ahi Case No. CR-2303074 Dept. No. 2 5 IN THE SEVENTH JUDICIAL DISTRICT COURT OF THE STATE OF 6 NEVADA, IN AND FOR THE COUNTY OF WHITE PINE KKEKKKKK THE STATE OF NEVADA, 10 Plaintiff, oe vs. ORDER SETTING 40 CRIMINAL JURY TRIAL EDS DIONDRAE LAMAR PARKER, #1129722, i 14 Defendant.

16 IT IS HEREBY ORDERED that a jury trial in the above-entitled matter is set to ES. 47 || commence on Tuesday, the 6" day of August, 2024, to continue through Wednesday, the ah A 18 7 day of August, 2024, at the hour of 9:30 a.m., at the White Pine County Courthouse, || Ely, Nevada. wf 20 DATED this 2 ‘day of January, 2024.

22 foie 23 DISTRICT JUDGE Case No. CR-2303074 Dept No. 2 Wu 5 IN THE SEVENTH JUDICIAL DISTRICT COURT OF THE STATE OF | NEVADA, IN AND FOR THE COUNTY OF WHITE PINE KRKKKKE 9 THE STATE OF NEVADA, 10 Plaintiff, PRETRIAL ORDER vs. (Criminal Case) Ve | DIONDRAE LAMAR PARKER, 13 #1129722, 14 Defendant. u 15 * 46 IT 1S HEREBY ORDERED that: 17 1. The above entitled case shall be tried before a jury as a first setting ys) commencing on Tuesday, the 6" day of August, 2024, at 9:30 a.m., to continue through Wednesday, the 7" day of August, 2024. a All Pretrial Motions shall be filed and served on or before June 7, 2024. A courtesy copy of any motion or opposition shall be delivered or mailed to the Court.

23 4. All exhibits shall be marked by the Clerk prior to trial.

24 5. Counsel for the respective parties shall meet prior to trial to resolve as many || evidentiary disputes as possible.

6. Should the parties negotiate a resolution of the case, a written memorandum of the plea agreement shall be filed on or before July 31, 2024.

3 Ps All proposed jury instructions shall be submitted to the Court no later than || 4:00 p.m. on August 2, 2024. nol 5 DATED this_ de day of January, 2024.

7 irs DI ICT JUDGE 10 tt # 15 25 .

Case No. CR-2303074 Dept No. 2 py 5 IN THE SEVENTH JUDICIAL DISTRICT COURT OF THE STATE OF NEVADA, IN AND FOR THE COUNTY OF WHITE PINE KRKKKKE 9 THE STATE OF NEVADA, 10 Plaintiff, TRANSPORTATION ORDER vs. < DIONDRAE LAMAR PARKER, 13 #1129722, i 14 Defendant. * 46.|| TO: NETHANJAH BREITENBACH, WARDEN NNCC ~ 17 P.O. BOX 7000 18 CARSON CITY, NV 89701 19 NEVADA DEPARTMENT OF CORRECTIONS CENTRAL TRANSPORTATION DIVISION 20 P.O. BOX 7011 ay CARSON CITY, NV 89702 29 YOU ARE HEREBY ORDERED to transport DIONDRAE LAMAR PARKER, Back || No. 1129722, who is currently in custody at Northern Nevada Correctional Center, to this || Court for a jury trial set to commence on Tuesday, the 6th day of August, 2024, to continue 25 through Wednesday the 7" day of August, 2024, at 9:30 a.m. at the White Pine County Courthouse in Ely, Nevada. Said Defendant should arrive at the Courthouse at 8:30 a.m.

2 unless otherwise instructed by the court. ro 3 DATED this_<23 day of January, 2024.

DISTRI UDGE | 610.

12] 2G > 16 9