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Denise M. Coley, et al v. Lucas County

November 18, 2011

DENISE M. COLEY, ET AL.,
PLAINTIFFS,
v.
LUCAS COUNTY, OHIO, ET AL.,
DEFENDANTS.



The opinion of the court was delivered by: Vernelis K. Armstrong United States Magistrate Judge

MEMORANDUM DECISION AND ORDER

The parties have consented to the exercise of jurisdiction by a United States Magistrate Judge. Pending are Defendants' Motion to Stay (Docket No. 32), Plaintiffs' Brief in Opposition (Docket No. 37), Defendant James Telb's Reply to Response to Plaintiffs' Brief in Opposition (Docket No. 38) and all Defendants' Reply to Response to Plaintiffs' Brief in Opposition (Docket No. 39). For the reasons that follow, the Motion to Stay is granted.

I.THE PARTIES

Plaintiff, Denise M. Coley (Coley), is a resident of Toledo, Lucas County, Ohio. She is the mother of Carlton Lenard Benton, the decedent, and the administrator of her son's estate (Docket No. 21, ¶ 1)

Plaintiff DeCarlos Benton, is a resident of Portsmouth, Virginia. He is the decedent's father (Docket No. 21, ¶ 2).

Plaintiff Carla Benton is a resident of Toledo, Lucas County, Ohio. She is the decedent's sister (Docket No. 21, ¶ 4 ).

Plaintiff Maliki Larmond is a resident of Camden, New Jersey. He is the decedent's son (Docket No. 21, ¶ 3).

Defendant Lucas County Sheriff's Office is a branch of Lucas County, Ohio government responsible for law enforcement and maintaining full police jurisdiction in the municipalities, villages and townships within Lucas County, Ohio (Docket No. 21, ¶ 5; www.co.lucas.oh.us).

Defendants John E. Gray (Gray), Robert M. McBroom (McBroom), Jay M. Schmeltz (Schmeltz) and James A. Telb (Telb), are residents of Lucas County, Ohio. Each is a current or former employee of the Lucas County Sheriff's Office (Docket No. 21, ¶ 6).

II.FACTUAL BACKGROUND

In February 2004, the decedent was arrested on suspicion of murder. In June 2004, while detained at Lucas County Jail, the decedent died (Docket No. 21, ¶ 8).

III.PROCEDURAL BACKGROUND

In April 2009, after Plaintiffs filed their original Complaint against Lucas County, the United States Department of Justice filed an indictment in the Northern District of Ohio, Western Division, captioned United State of America v. Gray, et al., Case No. 3:09-CR-182. The indictment contained multiple counts against Defendant Gray for deprivation of rights under color of law, making false statements and falsifying documents relating to an alleged assault of decedent on May 30, 2004; multiple counts against Defendant Schmeltz for assaulting and striking the decedent and falsifying documents related to the May 30, 2004 assault; one count, collectively, against Defendants McBroom and Telb for aiding and abetting the commission of a felony; and a count against all Defendants for false statements made to the FBI during the course of its investigation of decedent's death (Docket No. 21, ¶ 9).

On December 9, 2008, Plaintiffs filed a complaint in the Lucas County Court of Common Pleas. The case was removed to this United States District Court on January 5, 2009 (Docket No. 2). This Court accepted jurisdiction on January 16, 2009 (Docket No. 3). The Court ordered the case stayed pending ...


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