{"id":63278,"date":"2026-02-24T12:34:33","date_gmt":"2026-02-24T17:34:33","guid":{"rendered":"https:\/\/fourthamendment.com\/?p=63278"},"modified":"2026-02-24T12:41:28","modified_gmt":"2026-02-24T17:41:28","slug":"d-kan-ptfs-%c2%a7-1983-case-filed-while-underlying-criminal-case-was-ongoing-is-stayed","status":"publish","type":"post","link":"https:\/\/fourthamendment.com\/?p=63278","title":{"rendered":"D.Kan.: Ptf&#8217;s \u00a7 1983 case stayed where filed while underlying criminal case was ongoing"},"content":{"rendered":"\n<p>Plaintiff sued while his criminal trespass case was pending in state municipal court. The action is stayed because plaintiff can raise his constitutional claims there. Younger also counsels that. Spiehs v. Allen, 2026 U.S. Dist. LEXIS 35038 (D. Kan. Feb. 20, 2026).<\/p>\n\n\n\n<p>The police dog bite and hold for 30 seconds to extract plaintiff from climbing into an attic was covered by qualified immunity. Plaintiff had assaulted someone, and he was fleeing. Hays v. Adams, 2026 U.S. Dist. LEXIS 34385 (E.D. Wash. Feb. 19, 2026).*<\/p>\n\n\n\n<p>Parking behind defendant\u2019s already parked car in a parking lot was not a seizure. State v. Powell, 2026-Ohio-592 (5th Dist. Feb. 19, 2026).*<\/p>\n","protected":false},"excerpt":{"rendered":"<p>Plaintiff sued while his criminal trespass case was pending in state municipal court. The action is stayed because plaintiff can raise his constitutional claims there. Younger also counsels that. Spiehs v. Allen, 2026 U.S. Dist. LEXIS 35038 (D. Kan. Feb. &hellip; <a class=\"more-link\" href=\"https:\/\/fourthamendment.com\/?p=63278\">Continue reading <span class=\"meta-nav\">&rarr;<\/span><\/a><\/p>\n","protected":false},"author":2,"featured_media":0,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[45,52,126,69],"tags":[],"class_list":["post-63278","post","type-post","status-publish","format-standard","hentry","category-45","category-excessive-force","category-issue-preclusion","category-seizure"],"_links":{"self":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/63278","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/users\/2"}],"replies":[{"embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=63278"}],"version-history":[{"count":2,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/63278\/revisions"}],"predecessor-version":[{"id":63280,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/63278\/revisions\/63280"}],"wp:attachment":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=63278"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=63278"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=63278"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}