Gakuba v. O’Brien

Dist. Ct. erred in dismissing without prejudice plaintiff’s section 1983 action alleging that defendants violated his civil rights by searching his hotel room and seizing certain items that led to filing of aggravated sexual assault charges against plaintiff that were still pending at time of instant dismissal. While Dist. Ct. indicated that plaintiff could re-file instant action once criminal charges had been resolved, it should have stayed (rather than dismissed) instant action pending resolution of criminal charges since: (1) resolution of instant action during pendency of state prosecution could undermine state criminal charges; and (2) plaintiff’s section 1983 claim may become time-barred by time state prosecution had concluded.