Mosley v. Campbell

Background

Osiris Mosley brought a civil-rights action under 42 U.S.C. § 1983 against Police Officer Danny Campbell. The complaint alleged false arrest, malicious prosecution, and excessive force arising from Mosley’s arrest on November 24, 2018, for driving under the influence. The opinion identifies Mosley as representing himself.

The parties had scheduled a pre-settlement telephone conference for September 23, 2020, and a settlement conference for October 13, 2020. Campbell’s attorney asked the court to adjourn both conferences without setting new dates. The attorney stated that the defense had taken a position that no settlement payment would be offered and that settlement discussions therefore would not be useful. Mosley did not consent.

Arguments in the Defendant’s Letter

Campbell’s attorney argued that Mosley’s claims should be withdrawn. The attorney stated that Mosley had admitted during an initial conference that the vehicle he was driving had no operable headlamp and that he was driving without a driver’s license. The attorney also relied on the arrest report and argued that these alleged traffic violations provided grounds for the stop and arrest. The letter further stated that body-camera footage would result in dismissal of the excessive-force claim. These were the defense’s arguments; the order did not decide whether they were correct.

Ruling

Magistrate Judge Robert W. Lehrburger denied the defendant’s request to adjourn the pre-settlement telephone conference and settlement conference. The September 23 telephone conference was to proceed, and the court would determine at that time whether the settlement conference should proceed. The order did not rule on the merits of Mosley’s false-arrest, malicious-prosecution, or excessive-force claims.

Classification

This is a procedural order because it addressed the scheduling of settlement-related conferences rather than deciding the underlying claims.