Opinion
Civil Action 23-CV-4364
05-30-2024
ALI A. HARRISON-EL, Plaintiff, v. 1 JOHN DOE OFFICER, et al., Defendants.
ORDER
JOHN M. GALLAGHER, J.
AND NOW, this 30th day of May, 2024, upon consideration of Plaintiff Ali A. Harrison-El's pro se Amended Complaint (ECF No. 12), it is ORDERED that:
1. The Clerk of Court is DIRECTED to AMEND the docket to reflect that Harrison-El is currently housed at SCI Phoenix.
2. The Amended Complaint is DISMISSED IN PART for failure to state a claim pursuant to 28 U.S.C. § 1915(e)(2)(B)(ii) for the reasons stated in the Court's Memorandum as follows:
a. Harrison-El's claim seeking dismissal of the criminal charges against him is DISMISSED WITHOUT PREJUDICE to him proceeding on a petition for a writ of habeas corpus.
b. Harrison-El's § 1983 conspiracy claim is DISMISSED WITHOUT PREJUDICE.
c. Harrison-El's excessive force claims, his official capacity claims against Defendants Tanner, Officer Doe 1, and Seargent Doe 2, his municipal liability claim against Falls Township, any § 1983 claim based on negligence, his state law negligence claim and any claims asserted pursuant to the Sixth or Eighth Amendments are DISMISSED WITH PREJUDICE.
3. Any other claims not already dismissed that Harrison-El seeks to pursue under 42 U.S.C. § 1983, including his false arrest and false imprisonment claims, are STAYED, pursuant to the abstention doctrine of Younger v. Harris, 401 U.S. 37 (1971), until Harrison-El informs the Court that his state court criminal case, Commonwealth v. Harrison-El, CP-09-CR-5770-2023 (C.P. Bucks), has been resolved. Following resolution of his criminal case, Harrison-El may file a motion to reassert those claims, at which time he will be permitted to amend his § 1983 conspiracy claim.
4. The Clerk of Court is DIRECTED to mark this case as STAYED.