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Order Denying Motion to Stay Proceedings: Young v. Peraza

  |   Federal Criminal Defense   |   No comment

I. BACKGROUND

This action arises from the fatal shooting of Jermaine McBean by Defendant Peter Peraza. Peraza, a Deputy Sheriff with the Broward County Sheriff’s Office, shot and killed McBean on July 31, 2013. In the operative First Amended Complaint, Plaintiff, the representative of McBean’s estate, contends that the fatal shooting, a subsequent denial of emergency medical care, and an alleged cover-up of the circumstances of the shooting violated McBean’s rights under the U.S. Constitution and Florida law. On this basis, Plaintiff has asserted claims against Defendants under 42 U.S.C. § 1983 and § 1985, and under Florida state law.

In the Motion, Defendants Peraza and Israel now seek a stay of this action. Peraza contends that state and federal law-enforcement agencies are investigating McBean’s death, and that Peraza may face criminal charges arising from the shooting. In light of the potential prejudice Peraza may suffer if required to defend parallel civil and criminal proceedings, Defendants ask the Court to stay the instant suit until the resolution of any criminal case against Peraza.

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