Crawford v. Hall County Sheriff Dept et al

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
CHARLES CRAWFORD,
Plaintiff,
vs.
HALL COUNTY SHERIFF DEPT, In their
official capacity; and DEPUTY DRAPER
SULLIVAN, #90816, Hall County Sheriffs
Office, In his individual and official capacity;
Defendants.
8:24CV161
MEMORANDUM AND ORDER
This matter is before the Court on Plaintiff Charles Crawford’s (“Crawford”)
identical motions asking the Court to end the stay in this case (“Motions to End Stay”),
Filing No. 15; Filing No. 17, and what the Court construes as a motion for a hearing
(“Motion for Hearing”), Filing No. 16. For the reasons that follow, Crawford’s motions
will be denied.
I. BACKGROUND
Crawford initiated this action under 42 U.S.C. § 1983 on May 3, 2024, and the
Court conducted an initial review of his Complaint, Filing No. 1, on July 1, 2024. Filing
No. 12. At the time of the Court’s initial review, Crawford was a federal pretrial detainee
with pending criminal charges in USA v. Crawford, No. 4:23-cr-03047-SMB-JMD (D.
Neb.) (hereinafter “23CR3047”).1 The Court determined that this matter must be stayed
pursuant to Wallace v. Kato, 549 U.S. 384 (2007), because “Crawford’s Fourth
1 The Court takes judicial notice of the records in 23CR3047. The Court can sua sponte take judicial
notice of its own records and files, and facts which are part of its public records. United States v.
Jackson, 640 F.2d 614, 617 (8th Cir. 1981). Judicial notice is particularly applicable to the Court’s own
records of prior litigation closely related to the case before it. Id.
8:24-cv-00161-JFB-PRSE Doc # 18 Filed: 02/10/26 Page 1 of 4 - Page ID #
<pageID>

2
Amendment claims are based on the same set of facts and circumstances which led to
his indictment in 23CR3047.” Filing No. 12 at 5. Accordingly, the Court stayed this case
pending final disposition of the criminal charges pending against Crawford in
23CR3047. Id. at 8.
Crawford filed his first Motion to End Stay on August 28, 2025, indicating that
23CR3047 had “ended in a guilty verdict.” Filing No. 15 at 1. The Court’s records
reflect that a jury trial was held in 23CR3047 from August 4 to August 8, 2025, and the
jury returned a guilty verdict on all three counts of the indictment—possession with
intent to distribute methamphetamine, possession of a firearm in furtherance of a drug
trafficking crime, and felon in possession of a firearm. Filing No. 232, Case No.
4:23CR3047. On October 30, 2025, Judge Susan M. Bazis sentenced Crawford to the
Bureau of Prisons’ custody for a term of one hundred fifty-one (151) months on Count I,
sixty (60) months on Count II to run consecutively to Counts I and III, and one hundred
twenty (120) months on Count III, to run concurrently with Count I. Filing No. 251, Case
No. 4:23CR3047. Crawford filed a notice of appeal on November 4, 2025, and his
appeal remains pending in the Eighth Circuit Court of Appeals as of the date of this
order. See Filing No. 253 and Docket Sheet, Case No. 4:23CR3047.
II. DISCUSSION
On August 28, 2025, and November 3, 2025, Crawford filed his identical Motions
to End Stay, in which he asks the Court to end the stay in this case due to the guilty
verdict entered in 23CR3047. Filing No. 15; Filing No. 17. As further support for ending
the stay, Crawford contends he has more evidence of the Defendants’ Fourth
Amendment violation and misconduct, specifically body and dash cam videos offered
8:24-cv-00161-JFB-PRSE Doc # 18 Filed: 02/10/26 Page 2 of 4 - Page ID #
<pageID>

3
into evidence in 23CR3047 that have been altered and edited to “cut off” 41 minutes of
video “during the probable cause search” and two “photoshopped” or “fake photos of
Deputy Sullivan.” Filing No. 15.
Upon consideration, the Court will deny Crawford’s Motions to End Stay as
premature because Crawford’s criminal proceedings are still ongoing. The Court
instructed Crawford in its July 1, 2024, Memorandum and Order that this case may be
reopened by Crawford’s filing of a motion to reopen the case after final disposition of his
criminal proceedings. Filing No. 12 at 8–9. Crawford’s criminal proceedings remain
pending on appeal, and the Court concludes the stay will remain in place until final
resolution of Crawford’s criminal proceedings, including any appeals and postconviction
proceedings. See Vonneedo v. Dennis, No. 1:17-CV-183, 2017 WL 5904005, at *2
(E.D. Mo. Nov. 30, 2017) (“The principles of Wallace v. Kato dictate that further
consideration of plaintiff's § 1983 claims should be stayed until the underlying criminal
matter currently pending against plaintiff has been resolved through criminal appeals, as
well as through post-conviction processes.”).
Similarly, because the Court concludes the stay in this case must remain in
effect, the Court will deny Crawford’s Motion for Hearing, Filing No. 16, as premature.
The Court notes that, to the extent Crawford may be seeking to pursue habeas corpus
relief, see Filing No. 16 at 1, he cannot pursue such relief in this section 1983 case.
IT IS THEREFORE ORDERED that:
1. Crawford’s Motions to End Stay, Filing No. 15; Filing No. 17, and Motion
for Hearing, Filing No. 16, are denied as premature and without prejudice to reassertion
8:24-cv-00161-JFB-PRSE Doc # 18 Filed: 02/10/26 Page 3 of 4 - Page ID #
<pageID>

4
after final disposition of Crawford’s pending criminal charges, including any appeals or
postconviction processes.
2. The Clerk of Court is directed to transmit a copy of this Memorandum and
Order to Crawford’s counsel of record in 23CR3047.
Dated this 10th day of February, 2026.
BY THE COURT:
Joseph F. Bataillon
Senior United States District Judge
8:24-cv-00161-JFB-PRSE Doc # 18 Filed: 02/10/26 Page 4 of 4 - Page ID #
<pageID>