CECILIA M. ALTONAGA, UNITED STATES DISTRICT JUDGE.
This civil action arises out of Young's alleged beating by County correctional officers
District courts have broad discretion in deciding whether to stay proceedings, incidental to their powers to control and efficiently manage their dockets. See, e.g., Coquina Invs. v. Rothstein, No. 10-60786-CIV, 2011 WL 2530945, at *1 (S.D. Fla. June 24, 2011) (citing Landis v. N. Am. Co., 299 U.S. 248, 254-55, 57 S.Ct. 163, 81 S.Ct. 153 (1936)). "A court must stay a civil proceeding pending resolution of a related criminal prosecution only when `special circumstances' so require in the `interest of justice.'" Pellegrino v. Wengert, 147 F.Supp.3d 1379, 1381 (S.D. Fla. 2015) (quoting United States v. Lot 5, Fox Grove, Alachua Cty., Fla., 23 F.3d 359, 364 (11th Cir. 1994)). "Absent special circumstances, the mere existence of parallel criminal and civil proceedings does not mandate entry of a stay of the latter." Id. (internal alteration omitted) (quoting Lay
Weighing the parties' interests, the Court finds special circumstances tip in favor of granting the stay. The County's interest in a stay arises from its near-complete inability to defend itself against Young's allegations. In the absence of a stay, the County will be forced to proceed without perhaps the most probative evidence at issue in the case — the eyewitness accounts of the officers and witnesses involved in the disputed incident. (See Reply 2-3). These materials are presently inaccessible either by virtue of a federal qualified privilege protecting disclosure of information contained in criminal investigative files
Young insists imposition of a mandatory stay pending a criminal proceeding requires consideration of whether a defendant faces "certain loss," as opposed to "mere possibility of disadvantage," in the civil case due to invocation of the privilege. (Resp. 9 (emphasis omitted) (quoting Harris v. City of Boynton Beach, No. 9:16-CV-80148, 2016 WL 3747680, at *2 (S.D. Fla. 2016))). However, strict invocation of the Fifth Amendment privilege is not a necessary condition for granting a stay; the Court must grant a stay if such loss is present but may grant one even when the loss is not actively present. See Lot 5, Fox Grove, 23 F.3d at 364; see also Perkins v. City of Miami Beach, No. 14-CIV-21923-UNGARO [ECF No. 56] 3 (granting a stay because if the "cases were allowed to proceed, Defendants may choose to assert their Fifth Amendment rights, which may lead to an adverse judgment against Defendants" (emphases added)).
The Court is persuaded a stay is appropriate given the County's unique status as a governmental defendant without its own first-hand account of the incident. Courts have denied stays where the defendant is deemed able to substantiate its defense using evidence other than its own testimony, for instance, using testimony from other witnesses. (See Resp. 8 n.11 (citing cases)). This path is not open to the County, which must necessarily rely on the statements of Co-Defendants and other potential as-yet-unknown eyewitnesses to arm its defense. (See Mot. to Stay 12-13 (citing cases)). That the County might possess a "wealth" of other evidence (Resp. 7), does not remove the prejudice to the County if the stay is denied when the most crucial evidence remains inaccessible.
Turning to Young, the interest in proceeding with the litigation stems from a desire to avoid delay given his poor health and the increasing unreliability of eyewitness evidence over time. While Young cites his ill health, he does not indicate how his fragile condition might be more burdened by a stay than by the certain delays resulting from attempts to obtain information from the State Attorney. (See Resp. 11). He is not prejudiced by the timing of the
The Court is sympathetic to Young's suggestion the unknown status of the criminal investigation might effectively lead to an indefinite stay (see Resp. 11), but is not persuaded denial of the stay is the most effective solution at this time. The more prudent course is to permit a temporary stay and to require periodic updates on the status of the State Attorney's investigation. This approach protects against unwarranted delay and vindicates the Court's desire to efficiently manage its cases. Both parties, not to mention the Court, stand to benefit from a fuller and more comprehensive case file.
For the foregoing reasons, it is