Case: White v. Jackson

4:14-cv-01490 | U.S. District Court for the Eastern District of Missouri

Filed Date: Aug. 28, 2014

Closed Date: Feb. 8, 2019

Clearinghouse coding complete

Case Summary

On August 28, 2014, six Missouri residents filed this lawsuit in the United States District Court for the Eastern District of Missouri under 42 U.S.C. § 1983 and the Fourth Amendment of the United States Constitution against individual police officers of the City of Ferguson, Missouri and the County of St. Louis, Missouri, the City of Ferguson, and the County of St. Louis. The plaintiffs, represented by private and public interest counsel, sought compensatory and punitive damages, alleging that…

On August 28, 2014, six Missouri residents filed this lawsuit in the United States District Court for the Eastern District of Missouri under 42 U.S.C. § 1983 and the Fourth Amendment of the United States Constitution against individual police officers of the City of Ferguson, Missouri and the County of St. Louis, Missouri, the City of Ferguson, and the County of St. Louis. The plaintiffs, represented by private and public interest counsel, sought compensatory and punitive damages, alleging that the City of Ferguson and the County of St. Louis, through their police forces, violated the plaintiffs' rights by subjecting them to unnecessary and unwarranted force and arresting them without probable cause. Specifically, the plaintiffs alleged claims of false arrest, intentional infliction of emotional distress, negligent supervision, failure to train, supervise, and discipline, as well as assault and battery.

This suit was filed in the wake of the August 2014 shooting of Michael Brown. Brown, a black male, was fatally shot on August 9, 2014, by Darren Wilson, a Caucasian police officer with the Ferguson Police Department. The circumstances surrounding the shooting are disputed, but it is undisputed that Brown was unarmed at the time. The shooting sparked protests and general civil unrest in the City of Ferguson, caused in part by racial tension between the majority-black community and the majority-white city government and police. The plaintiffs alleged that during this time of civil unrest, Ferguson police officers used wanton and excessive force under color of law.

Specifically, one plaintiff alleged that she and her son were arrested on August 13 at a fast-food restaurant in Ferguson. The complaint states that they had attended a peace rally and were arrested for supposedly failing to follow police instructions to leave the establishment. Another plaintiff claimed he was shot with rubber bullets, assaulted, and sprayed with pepper-spray by police while heading to his mother's house on August 13. According to the complaint, this plaintiff was never charged with a crime. Another plaintiff claimed he was photographing protests from his vehicle when police began moving down the street where he was parked, firing tear gas and ordering people to disperse. The plaintiff was allegedly blocked in by a police vehicle and therefore unable to comply. According to the complaint, police seized his camera and pulled the memory chip from it before arresting him. The final two plaintiffs claimed they were also arrested for failing to disperse while filming the protests on August 11.

On October 2, 2014, the plaintiffs filed an amended complaint, adding four more plaintiffs to the suit. The City of Ferguson and its police chief and officer (the "Ferguson defendants") filed a motion to dismiss on October 24, 2014, and St. Louis County and its chief of police (the "St. Louis defendants") filed motions to dismiss party plaintiffs on November 26, 2014. The plaintiffs filed a second amended complaint on December 1, 2014.

On March 16, 2015, the court (Judge Henry Edward Autrey) dismissed the plaintiffs' claims for intentional infliction of emotional distress and negligent supervision against the St. Louis County defendants, and dismissed one of the plaintiffs' claims for assault and battery. The court denied the Ferguson defendants' motion to dismiss.

The plaintiffs filed a third amended complaint on May 27, 2015. This amended complaint included claims of six sets of plaintiffs. The Ferguson defendants filed a motion to dismiss the plaintiffs' claims for intentional infliction of emotional distress and negligent supervision in the third amended complaint, and the court granted the motion to dismiss on June 25, 2015, using the same rationale under which those claims were dismissed as against the County defendants from the second amended complaint.

The case was referred to alternative dispute resolution on August 28, 2015, and after a conference on December 1, 2015, the neutral mediator reported that the parties participated in good faith but did not reach a settlement. The parties continued discovery and began to prepare for a trial scheduled in September 2016.

The Ferguson defendants filed a motion for summary judgment on April 7, 2016, and shortly after, the St. Louis defendants filed a motion for summary judgment. Judge Autrey granted the defendants' motions for summary judgment on September 30, 2016.

The court found that the individual police defendants were entitled to official and qualified immunity from suit, and as the plaintiffs failed to establish that qualified immunity did not apply, the supervisory defendants and St. Louis County were also entitled to summary judgment. 2016 WL 8674192. A judgment in the case was entered in favor of the defendants.

The plaintiffs appealed the decision to the United States Court of Appeals for the Eighth Circuit. Meanwhile in the district court, the parties engaged in some litigation regarding costs, which Judge Autrey awarded to the defendants on June 28, 2017.

The Eighth Circuit (Judges Diana E. Murphy, James B. Loken, and Michael J. Melloy) issued its opinion on August 1, 2017. 865 F.3d 1064. The Eighth Circuit affirmed the district court's grant of summary judgment as to the claims of five of the six sets of plaintiffs. The Eight Circuit did reverse in part the district court's grant of summary judgment as to the excessive force claims of one plaintiff. The circuit court found that the district court erred in granting four individual police defendants qualified immunity with regard to the plaintiff's claims that officers had held his head underwater for three to five seconds, pepper sprayed him, and took turns punching and kicking him for two to three minutes. Though the district court had dismissed the excessive force claim after finding that medical evidence undermined the plaintiff's testimony as to these events, the circuit court found this a mischaracterization of the record and said it was a factual dispute to be resolved by a jury. The Eighth Circuit therefore reversed the grant of summary judgment on that plaintiff's § 1983 excessive force claim, as well as the grant of summary judgment on his § 1983 failure to train, supervise, and discipline claim against the St. Louis defendants as it relates to the remaining excessive force claim. The Eighth Circuit responded to a motion for clarification in an August 9, 2017 order, clarifying that the court affirmed the district court's grant of summary judgment in favor of the Ferguson defendants on all claims.

The case was remanded to the district court for further proceedings related to the remaining plaintiff's excessive force claims against four individual County of St. Louis police officers and the corresponding supervisory claims against the County of St. Louis. The plaintiffs filed petitions with the Eighth Circuit for rehearing en banc and rehearing by the panel; the Eighth Circuit denied the petitions for rehearing on September 11, 2017.

In the district court, Judge Autrey scheduled the action for a jury trial on October 29, 2018; it was later rescheduled for February 4, 2019. Before trial started, the defendants filed a motion for summary judgment on September 4, 2018 alleging that there were no facts in dispute before trial. Judge Autrey disagreed with this assessment, saying that a jury would decide if the police department's actions amounted to a failure to supervise on January 31, 2019.

The jury trial took place on its scheduled date. The jurors issued a verdict in favor of the defendants on February 8, 2019.

The three-month period to file an appeal on the verdict has lapsed, and the case is closed.

Summary Authors

Greg in den Berken (10/9/2014)

Sarah McDonald (8/20/2018)

Ellen Aldin (6/2/2020)

People

For PACER's information on parties and their attrorneys, see: https://www.courtlistener.com/docket/4299450/parties/white-v-jackson/


Judge(s)

Autrey, Henry Edward (Missouri)

Attorneys(s) for Plaintiff

Greene, Reginald A. (Georgia)

Lattimer, Gregory L. (District of Columbia)

Shabazz, Malik Z. (District of Columbia)

Attorneys(s) for Defendant

Carey, Aarnarian (Apollo) D. (Missouri)

Dunne, Peter J. (Missouri)

Gunn, Priscilla Frances (Missouri)

Hughes, Michael E. (Missouri)

Norwood, Ronald A. (Missouri)

Plunkert, Robert T. (Missouri)

Judge(s)

Autrey, Henry Edward (Missouri)

Attorneys(s) for Plaintiff

Greene, Reginald A. (Georgia)

Lattimer, Gregory L. (District of Columbia)

Shabazz, Malik Z. (District of Columbia)

Attorneys(s) for Defendant

Carey, Aarnarian (Apollo) D. (Missouri)

Dunne, Peter J. (Missouri)

Gunn, Priscilla Frances (Missouri)

Hughes, Michael E. (Missouri)

Norwood, Ronald A. (Missouri)

Plunkert, Robert T. (Missouri)

Documents in the Clearinghouse

Document

4:14-cv-01490

Docket [PACER]

March 25, 2019

March 25, 2019

Docket
1

4:14-cv-01490

Complaint

Aug. 28, 2014

Aug. 28, 2014

Complaint
9

4:14-cv-01490

Amended Complaint

Oct. 2, 2014

Oct. 2, 2014

Complaint
70

4:14-cv-01490

Opinion, Memorandum and Order

2015 WL 1189963

March 16, 2015

March 16, 2015

Order/Opinion
81

4:14-cv-01490

Third Amended Complaint

May 27, 2015

May 27, 2015

Complaint
103

4:14-cv-01490

Order

June 25, 2015

June 25, 2015

Order/Opinion
255

4:14-cv-01490

Opinion, Memorandum and Order

2016 WL 8674192

Sept. 30, 2016

Sept. 30, 2016

Order/Opinion
56

4:14-cv-01490

16-03897

Opinion

U. S. Court of Appeals for the Eighth Circuit

865 F.3d 1064

Aug. 1, 2017

Aug. 1, 2017

Order/Opinion
335

4:14-cv-01490

Opinion, Memorandum, and Order

Matthews v. Jackson

2019 WL 398507

Jan. 31, 2019

Jan. 31, 2019

Order/Opinion

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4299450/white-v-jackson/

Last updated July 20, 2022, 3:10 a.m.

ECF Number Description Date Link Date / Link

Case Opening Notification

Aug. 28, 2014

Aug. 28, 2014

PACER

Receipt

Aug. 28, 2014

Aug. 28, 2014

PACER
1

COMPLAINT against defendant All listed Defendants. 8 Summons(es) issued, Jury Demand,, filed by Kerry White, Dwayne Anton Matthews, Jr., Damon Coleman, Tracey White, Theophilus Green. (Attachments: # 1 Civil Cover Sheet, # 2 Original Filing Form)(DLT) Modified on 8/28/2014 (DLT). (Entered: 08/28/2014)

1 Civil Cover Sheet

View on PACER

2 Original Filing Form

View on PACER

Aug. 28, 2014

Aug. 28, 2014

RECAP
2

MOTION for Leave to Appear Pro Hac Vice, Reginald A. J. Greene, by Plaintiffs Dwayne Anton Matthews, Jr., W. D., Kerry White, Tracey White. The Certificate of Good Standing was attached.(Filing fee $100 pd.) (Attachments: # 1 Certificate of Good Standing)(DLT) (Entered: 08/28/2014)

1 Certificate of Good Standing

View on PACER

Aug. 28, 2014

Aug. 28, 2014

PACER
3

Docket Text ORDER: Re: 2 MOTION for Leave to Appear Pro Hac Vice, Reginald A. J. Greene, by Plaintiffs Dwayne Anton Matthews, Jr., W. D., Kerry White, Tracey White. ORDERED : GRANTED AND SO ORDERED. Signed by District Judge Henry Edward Autrey on 8/28/14. (CEL) (Entered: 08/28/2014)

Aug. 28, 2014

Aug. 28, 2014

PACER
4

MOTION for Leave to Appear Pro Hac Vice Malik Z. Shabazz. The Certificate of Good Standing was attached.(Filing fee $100) by Plaintiffs Damon Coleman, Theophilus Green, Dwayne Anton Matthews, Jr., W. D., Kerry White, Tracey White. (Attachments: # 1 Certificate of Good Standing)(CEL) (Entered: 08/28/2014)

1 Certificate of Good Standing

View on PACER

Aug. 28, 2014

Aug. 28, 2014

RECAP

Case Opening Notification: 8 Summons(es) issued. Attorney Reginald Greene will pick up today. Judge Assigned: U.S. District Judge Henry E. Autrey. (DLT)

Aug. 28, 2014

Aug. 28, 2014

PACER
5

Docket Text ORDER: Re: 4 MOTION for Leave to Appear Pro Hac Vice Malik Z. Shabazz. by Plaintiffs Damon Coleman, Theophilus Green, Dwayne Anton Matthews, Jr., W. D., Kerry White, Tracey White. ORDERED : GRANTED AND SO ORDERED. Signed by District Judge Henry Edward Autrey on 8/28/14. (CEL) (Entered: 08/28/2014)

Aug. 28, 2014

Aug. 28, 2014

PACER

Receipt 4644044929 in the amount of $100.00 for PRO HAC VICE on behalf of Malik Shabazz (CCAM)

Aug. 28, 2014

Aug. 28, 2014

PACER
6

MOTION for Leave to Appear Pro Hac Vice Gregory L. Lattimer. The Certificate of Good Standing was attached.(Filing fee $100) by Plaintiffs Damon Coleman, Theophilus Green, Dwayne Anton Matthews, Jr., W. D., Kerry White, Tracey White. (Attachments: # 1 Certificate of Good Standing)(CEL) (Entered: 08/28/2014)

1 Certificate of Good Standing

View on PACER

Aug. 28, 2014

Aug. 28, 2014

PACER

Receipt 4644044931 in the amount of $100.00 for PRO HAC VICE on behalf of Reginald Greene (CCAM)

Aug. 28, 2014

Aug. 28, 2014

PACER
7

Docket Text ORDER: Re: 6 MOTION for Leave to Appear Pro Hac Vice Gregory L. Lattimer. by Plaintiffs Damon Coleman, Theophilus Green, Dwayne Anton Matthews, Jr., W. D., Kerry White, Tracey White. ORDERED : GRANTED AND SO ORDERED. Signed by District Judge Henry Edward Autrey on 8/28/14. (CEL) (Entered: 08/28/2014)

Aug. 28, 2014

Aug. 28, 2014

PACER

Receipt 4644044928 in the amount of $400.00 for CIVIL FILING FEE on behalf of Malik Z. Shabazz Esq (CCAM)

Aug. 28, 2014

Aug. 28, 2014

PACER
8

NOTICE OF PROCESS SERVER by Plaintiffs Damon Coleman, Theophilus Green, Dwayne Anton Matthews, Jr., W. D., Kerry White, Tracey White Process Server: Michael Montgomery (Attachments: # 1 Summons)(DLT) (Entered: 08/28/2014)

1 Summons

View on PACER

Aug. 28, 2014

Aug. 28, 2014

PACER

Receipt 4644044929 in the amount of $100.00 for PRO HAC VICE on behalf of Gregory Lattimer (CCAM)

Aug. 28, 2014

Aug. 28, 2014

PACER
9

AMENDED COMPLAINT against defendant All Defendants,Terminating W. D. (a minor, by and through, ) Amendment to 1 Complaint, Jury demand,, filed by Kerry White, W. D., Dwayne Anton Matthews, Jr., Damon Coleman, Tracey White, Theophilus Green, Antawn Harris, Sandy Bowers, William Davis, Nathan Burns, Kia Bowers. Related document: 1 Complaint, filed by Kerry White, Tracey White, Damon Coleman, Theophilus Green, Dwayne Anton Matthews, Jr..(Lattimer, Gregory) (Entered: 10/02/2014)

Oct. 2, 2014

Oct. 2, 2014

RECAP
10

ENTRY of Appearance by Michael E. Hughes for Defendants Jon Belmar, St. Louis County, Missouri. (Hughes, Michael) (Entered: 10/23/2014)

Oct. 23, 2014

Oct. 23, 2014

PACER
11

ENTRY of Appearance by Robert T. Plunkert for Defendants Justin Cosmo, Ferguson, Missouri, City of, Thomas Jackson. (Plunkert, Robert) (Entered: 10/24/2014)

Oct. 24, 2014

Oct. 24, 2014

PACER
12

ENTRY of Appearance by Peter J. Dunne for Defendants Justin Cosmo, Ferguson, Missouri, City of, Thomas Jackson. (Dunne, Peter) (Entered: 10/24/2014)

Oct. 24, 2014

Oct. 24, 2014

PACER
13

Joint MOTION to Dismiss Case by Defendants Justin Cosmo, Ferguson, Missouri, City of, Thomas Jackson. (Dunne, Peter) (Entered: 10/24/2014)

Oct. 24, 2014

Oct. 24, 2014

RECAP
14

MEMORANDUM in Support of Motion re 13 Joint MOTION to Dismiss Case filed by Defendants Justin Cosmo, Ferguson, Missouri, City of, Thomas Jackson. (Dunne, Peter) (Entered: 10/24/2014)

Oct. 24, 2014

Oct. 24, 2014

RECAP
15

ENTRY of Appearance by Priscilla Frances Gunn for Defendants Jon Belmar, St. Louis County, Missouri. (Gunn, Priscilla) (Entered: 10/27/2014)

Oct. 27, 2014

Oct. 27, 2014

PACER
16

Docket Text ORDER: Entry of appearance and request for 30 days to file reponsive pleadings on behalf of defts. J. Belmar and St. Louis County. Filed by defts. GRANTED HEA. Signed by District Judge Henry Edward Autrey on 10/27/14. (CLA) (Entered: 10/27/2014)

Oct. 27, 2014

Oct. 27, 2014

PACER
17

Joint ANSWER to 9 Amended Complaint, by Justin Cosmo, Ferguson, Missouri, City of, Thomas Jackson.(Dunne, Peter) (Entered: 10/27/2014)

Oct. 27, 2014

Oct. 27, 2014

RECAP
18

MOTION for Leave to File Second Amended Complaint by Plaintiffs Kia Bowers, Sandy Bowers, Nathan Burns, Damon Coleman, William Davis, Theophilus Green, Antawn Harris, Dwayne Anton Matthews, Jr., W. D., Kerry White, Tracey White. (Attachments: # 1 Exhibit A - Second Amended Complaint)(Greene, Reginald) (Entered: 10/30/2014)

1 Exhibit A - Second Amended Complaint

View on PACER

Oct. 30, 2014

Oct. 30, 2014

PACER
19

MEMORANDUM in Support of Motion re 18 MOTION for Leave to File Second Amended Complaint filed by Plaintiffs Kia Bowers, Sandy Bowers, Nathan Burns, Damon Coleman, William Davis, Theophilus Green, Antawn Harris, Dwayne Anton Matthews, Jr., W. D., Kerry White, Tracey White. (Greene, Reginald) (Entered: 10/30/2014)

Oct. 30, 2014

Oct. 30, 2014

PACER
20

MEMORANDUM in Opposition re 13 Joint MOTION to Dismiss Case by City of Ferguson, Jackson and Cosma filed by Plaintiffs Kia Bowers, Sandy Bowers, Nathan Burns, Damon Coleman, William Davis, Theophilus Green, Antawn Harris, Dwayne Anton Matthews, Jr., W. D., Kerry White, Tracey White. (Lattimer, Gregory) (Entered: 10/30/2014)

Oct. 30, 2014

Oct. 30, 2014

PACER
21

RESPONSE to Motion re 18 MOTION for Leave to File Second Amended Complaint filed by Defendants Justin Cosmo, Ferguson, Missouri, City of, Thomas Jackson. (Dunne, Peter) (Entered: 11/06/2014)

Nov. 6, 2014

Nov. 6, 2014

PACER
22

MEMORANDUM in Support of Motion re 13 Joint MOTION to Dismiss Case filed by Defendants Justin Cosmo, Ferguson, Missouri, City of, Thomas Jackson. (Dunne, Peter) (Entered: 11/06/2014)

Nov. 6, 2014

Nov. 6, 2014

PACER
23

MOTION to Dismiss Party Tracey White and William Davis by Defendants Jon Belmar, St. Louis County, Missouri. (Hughes, Michael) (Entered: 11/26/2014)

Nov. 26, 2014

Nov. 26, 2014

PACER
24

MEMORANDUM in Support of Motion re 23 MOTION to Dismiss Party Tracey White and William Davis filed by Defendants Jon Belmar, St. Louis County, Missouri. (Hughes, Michael) (Entered: 11/26/2014)

Nov. 26, 2014

Nov. 26, 2014

RECAP
25

MOTION to Dismiss Party Dwayne Anton Matthews, Jr. by Defendants Jon Belmar, St. Louis County, Missouri. (Hughes, Michael) (Entered: 11/26/2014)

Nov. 26, 2014

Nov. 26, 2014

RECAP
26

MEMORANDUM in Support of Motion re 25 MOTION to Dismiss Party Dwayne Anton Matthews, Jr. filed by Defendants Jon Belmar, St. Louis County, Missouri. (Hughes, Michael) (Entered: 11/26/2014)

Nov. 26, 2014

Nov. 26, 2014

RECAP
27

MOTION to Dismiss Party Plaintiffs Damon Coleman and Theophilus Green by Defendants Jon Belmar, St. Louis County, Missouri. (Hughes, Michael) (Entered: 11/26/2014)

Nov. 26, 2014

Nov. 26, 2014

PACER
28

MEMORANDUM in Support of Motion re 27 MOTION to Dismiss Party Plaintiffs Damon Coleman and Theophilus Green filed by Defendants Jon Belmar, St. Louis County, Missouri. (Hughes, Michael) (Entered: 11/26/2014)

Nov. 26, 2014

Nov. 26, 2014

RECAP
29

MOTION to Dismiss Party Plaintiffs Kerry White, Kia Bowers and Sandy Bowers by Defendants Jon Belmar, St. Louis County, Missouri. (Hughes, Michael) (Entered: 11/26/2014)

Nov. 26, 2014

Nov. 26, 2014

PACER
30

MEMORANDUM in Support of Motion re 29 MOTION to Dismiss Party Plaintiffs Kerry White, Kia Bowers and Sandy Bowers filed by Defendants Jon Belmar, St. Louis County, Missouri. (Hughes, Michael) (Entered: 11/26/2014)

Nov. 26, 2014

Nov. 26, 2014

PACER
31

MOTION to Dismiss Party Plaintiff Antawn Harris by Defendants Jon Belmar, St. Louis County, Missouri. (Hughes, Michael) (Entered: 11/26/2014)

Nov. 26, 2014

Nov. 26, 2014

PACER
32

MEMORANDUM in Support of Motion re 31 MOTION to Dismiss Party Plaintiff Antawn Harris filed by Defendants Jon Belmar, St. Louis County, Missouri. (Hughes, Michael) (Entered: 11/26/2014)

Nov. 26, 2014

Nov. 26, 2014

PACER
33

MOTION to Dismiss Party Plaintiff Nathan Burns by Defendants Jon Belmar, St. Louis County, Missouri. (Hughes, Michael) (Entered: 11/26/2014)

Nov. 26, 2014

Nov. 26, 2014

PACER
34

MEMORANDUM in Support of Motion re 33 MOTION to Dismiss Party Plaintiff Nathan Burns filed by Defendants Jon Belmar, St. Louis County, Missouri. (Hughes, Michael) (Entered: 11/26/2014)

Nov. 26, 2014

Nov. 26, 2014

PACER
35

MOTION to Sever by Defendants Jon Belmar, St. Louis County, Missouri. (Hughes, Michael) (Entered: 11/26/2014)

Nov. 26, 2014

Nov. 26, 2014

PACER
36

MEMORANDUM in Support of Motion re 35 MOTION to Sever filed by Defendants Jon Belmar, St. Louis County, Missouri. (Hughes, Michael) (Entered: 11/26/2014)

Nov. 26, 2014

Nov. 26, 2014

PACER
37

Docket Text ORDER: Re: 18 MOTION for Leave to File Second Amended Complaint filed by Kia Bowers, W. D., Tracey White, Damon Coleman, Kerry White, Sandy Bowers, Nathan Burns, Theophilus Green, Dwayne Anton Matthews, Jr., Antawn Harris, William Davis; GRANTED - SO ORDERED. Signed by District Judge Henry Edward Autrey on 12/1/14. (KJS) (Entered: 12/01/2014)

Dec. 1, 2014

Dec. 1, 2014

PACER
38

AMENDED COMPLAINT against defendant All Defendants Amendment to 1 Complaint. Summons(es) issued none, Waivers issued none, Consents issued none, Jury Demand demand,, filed by Kerry White, Dwayne Anton Matthews, Jr., Antawn Harris, Nathan Burns, William Davis, Tracey White, Damon Coleman, Kia Bowers, Sandy Bowers, Theophilus Green. Related document: 1 Complaint, filed by Kerry White, Tracey White, Damon Coleman, Theophilus Green, Dwayne Anton Matthews, Jr..(KJS) (Entered: 12/01/2014)

Dec. 1, 2014

Dec. 1, 2014

PACER
39

RESPONSE to Motion re 35 MOTION to Sever filed by Defendants Justin Cosmo, Ferguson, Missouri, City of, Thomas Jackson. (Dunne, Peter) (Entered: 12/01/2014)

Dec. 1, 2014

Dec. 1, 2014

PACER
40

Consent MOTION for Extension of Time to File Response/Reply as to 30 Memorandum in Support of Motion, 36 Memorandum in Support of Motion, 29 MOTION to Dismiss Party Plaintiffs Kerry White, Kia Bowers and Sandy Bowers, 24 Memorandum in Support of Motion, 35 MOTION to Sever, 26 Memorandum in Support of Motion, 28 Memorandum in Support of Motion, 27 MOTION to Dismiss Party Plaintiffs Damon Coleman and Theophilus Green, 31 MOTION to Dismiss Party Plaintiff Antawn Harris, 32 Memorandum in Support of Motion, 33 MOTION to Dismiss Party Plaintiff Nathan Burns, 25 MOTION to Dismiss Party Dwayne Anton Matthews, Jr., 23 MOTION to Dismiss Party Tracey White and William Davis, 34 Memorandum in Support of Motion by Plaintiffs Kia Bowers, Sandy Bowers, Nathan Burns, Damon Coleman, William Davis, Theophilus Green, Antawn Harris, Dwayne Anton Matthews, Jr., W. D., Kerry White, Tracey White. (Lattimer, Gregory) (Entered: 12/01/2014)

Dec. 1, 2014

Dec. 1, 2014

PACER
41

AMENDED COMPLAINT Second Amended Complaint against defendant All Defendants Amendment to 9 Amended Complaint, 1 Complaint, Second Amended Complaint, filed by Kerry White, W. D., Dwayne Anton Matthews, Jr., Antawn Harris, Nathan Burns, William Davis, Tracey White, Damon Coleman, Kia Bowers, Sandy Bowers, Theophilus Green. Related document: 9 Amended Complaint, filed by Kia Bowers, W. D., Tracey White, Damon Coleman, Kerry White, Sandy Bowers, Nathan Burns, Theophilus Green, Dwayne Anton Matthews, Jr., Antawn Harris, William Davis, 1 Complaint, filed by Tracey White, Damon Coleman, Kerry White, Theophilus Green, Dwayne Anton Matthews, Jr..(Greene, Reginald) (Entered: 12/02/2014)

Dec. 2, 2014

Dec. 2, 2014

RECAP
42

First MOTION to Dismiss Party Defendants Green and Coleman by Defendants Jon Belmar, St. Louis County, Missouri. (Gunn, Priscilla) (Entered: 12/03/2014)

Dec. 3, 2014

Dec. 3, 2014

RECAP
43

First MOTION to Dismiss Party Plaintiff Nathan Burns by Defendants Jon Belmar, St. Louis County, Missouri. (Gunn, Priscilla) (Entered: 12/03/2014)

Dec. 3, 2014

Dec. 3, 2014

PACER
44

First MOTION to Dismiss Party Plaintiff Antwan Harris by Defendants Jon Belmar, St. Louis County, Missouri. (Gunn, Priscilla) (Entered: 12/03/2014)

Dec. 3, 2014

Dec. 3, 2014

PACER
45

First MOTION to Dismiss Party Plaintiff Dwayne Anton Matthews, Jr. by Defendants Jon Belmar, St. Louis County, Missouri. (Gunn, Priscilla) (Entered: 12/03/2014)

Dec. 3, 2014

Dec. 3, 2014

PACER
46

First MOTION to Dismiss Party Plaintiffs Tracey White and William Davis by Defendants Jon Belmar, St. Louis County, Missouri. (Gunn, Priscilla) (Entered: 12/03/2014)

Dec. 3, 2014

Dec. 3, 2014

PACER
47

First MOTION to Dismiss Party Plaintiffs Kerry White, Kai Bowers and Sandy Bowers by Defendants Jon Belmar, St. Louis County, Missouri. (Gunn, Priscilla) (Entered: 12/03/2014)

Dec. 3, 2014

Dec. 3, 2014

RECAP
48

Docket Text ORDER: Re: 40 Consent MOTION for Extension of Time to File Response/Reply filed by Kia Bowers, W. D., Tracey White, Damon Coleman, Kerry White, Sandy Bowers, Nathan Burns, Theophilus Green, Dwayne Anton Matthews, Jr., Antawn Harris, William Davis; GRANTED - SO ORDERED ( Response to Court due by 1/5/2015.) Signed by District Judge Henry Edward Autrey on 12/3/14. (KJS) (Entered: 12/04/2014)

Dec. 3, 2014

Dec. 3, 2014

PACER
49

Defendants' City of Ferguson, Ferguson Police Chief Thomas Jackson and Police Office Justin Cosma's Joint Answer ANSWER to 41 Amended Complaint,, by Ferguson, Missouri, City of.(Dunne, Peter) (Entered: 12/15/2014)

Dec. 15, 2014

Dec. 15, 2014

RECAP
50

MOTION to Dismiss :Plaintiff's Second Amended Complaint (Doc. No. 41) by Defendant Ferguson, Missouri, City of. (Dunne, Peter) (Entered: 12/15/2014)

Dec. 15, 2014

Dec. 15, 2014

RECAP
51

MEMORANDUM in Support of Motion re 50 MOTION to Dismiss :Plaintiff's Second Amended Complaint (Doc. No. 41) filed by Defendant Ferguson, Missouri, City of. (Dunne, Peter) (Entered: 12/15/2014)

Dec. 15, 2014

Dec. 15, 2014

PACER
52

MEMORANDUM in Opposition re 50 MOTION to Dismiss :Plaintiff's Second Amended Complaint (Doc. No. 41) filed by Plaintiffs Kia Bowers, Sandy Bowers, Nathan Burns, Damon Coleman, William Davis, Theophilus Green, Antawn Harris, Dwayne Anton Matthews, Jr., W. D., Kerry White, Tracey White. (Lattimer, Gregory) (Entered: 12/26/2014)

Dec. 26, 2014

Dec. 26, 2014

PACER
53

REPLY to Response to Motion re 50 MOTION to Dismiss :Plaintiff's Second Amended Complaint (Doc. No. 41) filed by Defendants Justin Cosmo, Ferguson, Missouri, City of, Thomas Jackson. (Dunne, Peter) (Entered: 12/29/2014)

Dec. 29, 2014

Dec. 29, 2014

RECAP
54

MEMORANDUM in Opposition re 35 MOTION to Sever filed by Plaintiffs Kia Bowers, Sandy Bowers, Nathan Burns, Damon Coleman, William Davis, Theophilus Green, Antawn Harris, Dwayne Anton Matthews, Jr., W. D., Kerry White, Tracey White. (Lattimer, Gregory) (Entered: 01/05/2015)

Jan. 5, 2015

Jan. 5, 2015

PACER
55

MEMORANDUM in Opposition re 23 MOTION to Dismiss Party Tracey White and William Davis filed by Plaintiffs Kia Bowers, Sandy Bowers, Nathan Burns, Damon Coleman, William Davis, Theophilus Green, Antawn Harris, Dwayne Anton Matthews, Jr., W. D., Kerry White, Tracey White. (Lattimer, Gregory) (Entered: 01/05/2015)

Jan. 5, 2015

Jan. 5, 2015

PACER
56

MEMORANDUM in Opposition re 29 MOTION to Dismiss Party Plaintiffs Kerry White, Kia Bowers and Sandy Bowers, 47 First MOTION to Dismiss Party Plaintiffs Kerry White, Kai Bowers and Sandy Bowers filed by Plaintiffs Kia Bowers, Sandy Bowers, Nathan Burns, Damon Coleman, William Davis, Theophilus Green, Antawn Harris, Dwayne Anton Matthews, Jr., W. D., Kerry White, Tracey White. (Lattimer, Gregory) (Entered: 01/05/2015)

Jan. 5, 2015

Jan. 5, 2015

PACER
57

MEMORANDUM in Opposition re 42 First MOTION to Dismiss Party Defendants Green and Coleman, 27 MOTION to Dismiss Party Plaintiffs Damon Coleman and Theophilus Green filed by Plaintiffs Kia Bowers, Sandy Bowers, Nathan Burns, Damon Coleman, William Davis, Theophilus Green, Antawn Harris, Dwayne Anton Matthews, Jr., W. D., Kerry White, Tracey White. (Lattimer, Gregory) (Entered: 01/05/2015)

Jan. 5, 2015

Jan. 5, 2015

PACER
58

MEMORANDUM in Opposition re 31 MOTION to Dismiss Party Plaintiff Antawn Harris, 44 First MOTION to Dismiss Party Plaintiff Antwan Harris filed by Plaintiffs Kia Bowers, Sandy Bowers, Nathan Burns, Damon Coleman, William Davis, Theophilus Green, Antawn Harris, Dwayne Anton Matthews, Jr., W. D., Kerry White, Tracey White. (Lattimer, Gregory) (Entered: 01/05/2015)

Jan. 5, 2015

Jan. 5, 2015

PACER
59

MEMORANDUM in Opposition re 45 First MOTION to Dismiss Party Plaintiff Dwayne Anton Matthews, Jr., 25 MOTION to Dismiss Party Dwayne Anton Matthews, Jr. filed by Plaintiffs Kia Bowers, Sandy Bowers, Nathan Burns, Damon Coleman, William Davis, Theophilus Green, Antawn Harris, Dwayne Anton Matthews, Jr., W. D., Kerry White, Tracey White. (Lattimer, Gregory) (Entered: 01/05/2015)

Jan. 5, 2015

Jan. 5, 2015

PACER
60

MEMORANDUM in Opposition re 33 MOTION to Dismiss Party Plaintiff Nathan Burns, 43 First MOTION to Dismiss Party Plaintiff Nathan Burns filed by Plaintiffs Kia Bowers, Sandy Bowers, Nathan Burns, Damon Coleman, William Davis, Theophilus Green, Antawn Harris, Dwayne Anton Matthews, Jr., W. D., Kerry White, Tracey White. (Lattimer, Gregory) (Entered: 01/05/2015)

Jan. 5, 2015

Jan. 5, 2015

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61

MOTION for Extension of Time to File Response/Reply to Motions to Dismiss and Motion to Sever by Defendants Jon Belmar, St. Louis County, Missouri. (Gunn, Priscilla) (Entered: 01/09/2015)

Jan. 9, 2015

Jan. 9, 2015

PACER
62

Docket Text ORDER: Re: 61 MOTION for Extension of Time to File Response/Reply filed by Jon Belmar, St. Louis County, Missouri; GRANTED - SO ORDERED ( Response to Court due by 1/27/2015.) Signed by District Judge Henry Edward Autrey on 1/12/15. (KJS) (Entered: 01/13/2015)

Jan. 12, 2015

Jan. 12, 2015

PACER
63

REPLY to Response to Motion re 23 MOTION to Dismiss Party Tracey White and William Davis filed by Defendants Jon Belmar, St. Louis County, Missouri. (Hughes, Michael) (Entered: 01/27/2015)

Jan. 27, 2015

Jan. 27, 2015

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64

REPLY to Response to Motion re 25 MOTION to Dismiss Party Dwayne Anton Matthews, Jr. filed by Defendants Jon Belmar, St. Louis County, Missouri. (Hughes, Michael) (Entered: 01/27/2015)

Jan. 27, 2015

Jan. 27, 2015

RECAP
65

REPLY to Response to Motion re 27 MOTION to Dismiss Party Plaintiffs Damon Coleman and Theophilus Green filed by Defendants Jon Belmar, St. Louis County, Missouri. (Hughes, Michael) (Entered: 01/27/2015)

Jan. 27, 2015

Jan. 27, 2015

PACER
66

REPLY to Response to Motion re 29 MOTION to Dismiss Party Plaintiffs Kerry White, Kia Bowers and Sandy Bowers filed by Defendants Jon Belmar, St. Louis County, Missouri. (Hughes, Michael) (Entered: 01/27/2015)

Jan. 27, 2015

Jan. 27, 2015

RECAP
67

REPLY to Response to Motion re 31 MOTION to Dismiss Party Plaintiff Antawn Harris filed by Defendants Jon Belmar, St. Louis County, Missouri. (Hughes, Michael) (Entered: 01/27/2015)

Jan. 27, 2015

Jan. 27, 2015

RECAP
68

REPLY to Response to Motion re 33 MOTION to Dismiss Party Plaintiff Nathan Burns filed by Defendants Jon Belmar, St. Louis County, Missouri. (Hughes, Michael) (Entered: 01/27/2015)

Jan. 27, 2015

Jan. 27, 2015

RECAP
69

REPLY to Response to Motion re 35 MOTION to Sever filed by Defendants Jon Belmar, St. Louis County, Missouri. (Hughes, Michael) (Entered: 01/27/2015)

Jan. 27, 2015

Jan. 27, 2015

RECAP
70

OPINION, MEMORANDUM, AND ORDER - IT IS HEREBY ORDERED that the St. Louis County Defendants Motions to Dismiss the Second Amended Complaint [Doc. Nos. 42, 43, 44, 45, 46, 47 ] are GRANTED IN PART and DENIED IN PART. IT IS FURTHER ORDERED that the Ferguson Defendants Motion to Dismiss the Second Amended Complaint [Doc. No. 50 ] is DENIED. IT IS FURTHER ORDERED that the St. Louis County Defendants Motion to Sever [Doc. No. 35 ] is DENIED. IT IS FURTHER ORDERED that Plaintiffs claims for intentional infliction of emotional distress are DISMISSED. IT IS FURTHER ORDERED that Plaintiffs claims for negligent supervision are DISMISSED. IT IS FURTHER ORDERED that Plaintiff William Daviss claim for assault and battery is DISMISSED. IT IS FURTHER ORDERED that the St. Louis County Defendants Motions to Dismiss the Complaint [Doc. Nos. 23, 25, 27, 29, 31, 33 ] are DENIED AS MOOT. IT IS FURTHER ORDERED that the Ferguson Defendants Motion to Dismiss the Complaint [Doc. No. 13 ] is DENIED AS MOOT. Signed by District Judge Henry Edward Autrey on 3/16/15. (KJS) (Entered: 03/16/2015)

March 16, 2015

March 16, 2015

RECAP
71

ANSWER to 41 Amended Complaint,, by Jon Belmar, St. Louis County, Missouri.(Hughes, Michael) (Entered: 03/26/2015)

March 26, 2015

March 26, 2015

RECAP
72

ORDER SETTING RULE 16 CONFERENCE This case is assigned to Track: 2: A Scheduling Conference pursuant to Fed.R.Civ.P. 16 is set for Tuesday, May 5, 2015, at 10:30 a.m. by telephone with the undersigned with the Court initiating the call. The parties are to notify the Court of the name and telephone number of the member of counsel who will be participating in the call by filing an electronic Notice. Joint Scheduling Plan due by 4/30/2015. Rule 16 Conference set for 5/5/2015 10:30 AM in Telephone before District Judge Henry Edward Autrey. Signed by District Judge Henry Edward Autrey on 04/16/2015. (CLK) (Entered: 04/16/2015)

April 16, 2015

April 16, 2015

PACER
73

NOTICE by Defendants Justin Cosmo, Ferguson, Missouri, City of, Thomas Jackson re 72 Rule 16 Order,, (Dunne, Peter) (Entered: 04/16/2015)

April 16, 2015

April 16, 2015

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74

JOINT SCHEDULING PLAN by Defendants Justin Cosmo, Ferguson, Missouri, City of, Thomas Jackson. . (Dunne, Peter) (Entered: 04/22/2015)

April 22, 2015

April 22, 2015

RECAP
75

MOTION for leave to file an amended joint proposed scheduling plan by Defendants Justin Cosmo, Ferguson, Missouri, City of, Thomas Jackson. (Dunne, Peter) Modified on 4/24/2015 (CLA). (Entered: 04/23/2015)

April 23, 2015

April 23, 2015

RECAP
76

NOTICE Rule 16 Order: by Plaintiffs Kia Bowers, Sandy Bowers, Nathan Burns, Damon Coleman, William Davis, Theophilus Green, Antawn Harris, Dwayne Anton Matthews, Jr., Kerry White, Tracey White re 72 Rule 16 Order,, (Lattimer, Gregory) (Entered: 04/24/2015)

April 24, 2015

April 24, 2015

PACER
77

Docket Text ORDER: Re: 75 MOTION for leave to file an amended joint proposed scheduling plan by Defendants Justin Cosmo, Ferguson, Missouri, City of, Thomas Jackson. (Dunne, Peter) Modified on 4/24/2015 (CLA). filed by Justin Cosmo, Ferguson, Missouri, City of, Thomas Jackson; GRANTED HEA. Signed by District Judge Henry Edward Autrey on 4/24/15. (CLA) (Entered: 04/24/2015)

April 24, 2015

April 24, 2015

PACER
78

MEMORANDUM Notice of Participation in Rule 16 Telephone Conference by Defendants Jon Belmar, St. Louis County, Missouri. (Hughes, Michael) (Entered: 04/27/2015)

April 27, 2015

April 27, 2015

RECAP
79

ORDER - IT IS HEREBY ORDERED that the scheduling conference pursuant to Fed.R.Civ.P. 16 set for Tuesday, May 5, 2015, is vacated. The Case Management Order will be issued based on the dates provided by the parties in their Joint Proposed Scheduling Plan [Doc. # 75 ]. Signed by District Judge Henry Edward Autrey on 4/28/15. (KJS) (Entered: 04/28/2015)

April 28, 2015

April 28, 2015

PACER
80

CASE MANAGEMENT ORDER This case is assigned to Track: 2-Standard Motion to Join Parties due by 5/27/2015. Discovery Completion due by 11/24/2015. ADR Future Reference 9/4/2015. Dispositive Motions due by 12/22/2015. Jury Trial set for 4/18/2016 09:30 AM before District Judge Henry Edward Autrey. Signed by District Judge Henry Edward Autrey on 4/28/15. (KJS) (Entered: 04/28/2015)

April 28, 2015

April 28, 2015

PACER
81

AMENDED COMPLAINT Third against defendant All Defendants no Summons(es) issued, Waivers issued no, Consents issued no, jury demand demand, Third, filed by Kerry White, W. D., Dwayne Anton Matthews, Jr., Antawn Harris, Nathan Burns, William Davis, Tracey White, Damon Coleman, Kia Bowers, Sandy Bowers, Theophilus Green.(Lattimer, Gregory) (Entered: 05/27/2015)

May 27, 2015

May 27, 2015

RECAP
82

MEMORANDUM to Clerk Requesting Summons by Plaintiffs Kia Bowers, Sandy Bowers, Nathan Burns, Damon Coleman, William Davis, Theophilus Green, Antawn Harris, Dwayne Anton Matthews, Jr., W. D., Kerry White, Tracey White. (Attachments: # 1 Summons)(Lattimer, Gregory) (Entered: 05/29/2015)

1 Summons

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May 29, 2015

May 29, 2015

PACER
83

NOTICE by Plaintiffs Kia Bowers, Sandy Bowers, Nathan Burns, Damon Coleman, William Davis, Theophilus Green, Antawn Harris, Dwayne Anton Matthews, Jr., Kerry White, Tracey White re 82 Memorandum, Notice of Intent to Use Process Server (Lattimer, Gregory) (Entered: 05/29/2015)

May 29, 2015

May 29, 2015

PACER
84

Summons Issued as to defendant William Bates, Matt Delia, Officer Devouton, Daniel Hill, Derik Jackson, Michael McCann, Terrence McCoy, Officer McKinnon, Joe Patterson, Nicholas Payne, David Ryan, Antonio Valentine, Aaron Vinson. The summons was emailed to e-mailed to Plaintiff's Attorney Gregory Lattimer. (Attachments: # 1 Summons, # 2 Summons, # 3 Summons, # 4 Summons, # 5 Summons, # 6 Summons, # 7 Summons, # 8 Summons, # 9 Summons, # 10 Summons, # 11 Summons, # 12 Summons)(CLK) (Entered: 06/01/2015)

1 Summons

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2 Summons

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3 Summons

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4 Summons

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5 Summons

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6 Summons

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7 Summons

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8 Summons

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9 Summons

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10 Summons

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11 Summons

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12 Summons

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June 1, 2015

June 1, 2015

PACER
85

ANSWER to 81 Amended Complaint, by Jon Belmar, St. Louis County, Missouri.(Hughes, Michael) (Entered: 06/10/2015)

June 10, 2015

June 10, 2015

RECAP
86

ANSWER to 81 Amended Complaint, by Justin Cosmo, Ferguson, Missouri, City of, Thomas Jackson.(Dunne, Peter) (Entered: 06/10/2015)

June 10, 2015

June 10, 2015

RECAP
87

MOTION to Dismiss Case by Defendants Justin Cosmo, Ferguson, Missouri, City of, Thomas Jackson. (Dunne, Peter) (Entered: 06/10/2015)

June 10, 2015

June 10, 2015

RECAP
88

MEMORANDUM in Support of Motion re 87 MOTION to Dismiss Case filed by Defendants Justin Cosmo, Ferguson, Missouri, City of, Thomas Jackson. (Dunne, Peter) (Entered: 06/10/2015)

June 10, 2015

June 10, 2015

RECAP
89

MEMORANDUM in Opposition re 87 MOTION to Dismiss Case filed by Plaintiffs Kia Bowers, Sandy Bowers, Nathan Burns, Damon Coleman, William Davis, Theophilus Green, Antawn Harris, Dwayne Anton Matthews, Jr., W. D., Kerry White, Tracey White. (Lattimer, Gregory) (Entered: 06/24/2015)

June 24, 2015

June 24, 2015

PACER
90

SUMMONS Returned Executed filed by Nathan Burns, William Davis, Tracey White, Kia Bowers, Kerry White, Antawn Harris, Dwayne Anton Matthews, Jr., Damon Coleman, Sandy Bowers, Theophilus Green. Derik Jackson served on 6/4/2015, answer due 6/25/2015. (Lattimer, Gregory) (**Incomplete PDF. Attorney to refile correctly.**) Modified on 6/25/2015 (KJS). (Entered: 06/25/2015)

June 25, 2015

June 25, 2015

PACER
91

SUMMONS Returned Executed filed by Nathan Burns, William Davis, Tracey White, Kia Bowers, Kerry White, Antawn Harris, Dwayne Anton Matthews, Jr., Damon Coleman, Sandy Bowers, Theophilus Green. Antonio Valentine served on 6/4/2015, answer due 6/25/2015. (Lattimer, Gregory) (**Incomplete PDF. Attorney to refile correctly.**) Modified on 6/25/2015 (KJS). (Entered: 06/25/2015)

June 25, 2015

June 25, 2015

PACER
92

SUMMONS Returned Executed filed by Nathan Burns, William Davis, Tracey White, Kia Bowers, Kerry White, Antawn Harris, Dwayne Anton Matthews, Jr., Damon Coleman, Sandy Bowers, Theophilus Green. Daniel Hill served on 6/4/2015, answer due 6/25/2015. (Lattimer, Gregory) (**Incomplete PDF. Attorney to refile correctly.**) Modified on 6/25/2015 (KJS). (Entered: 06/25/2015)

June 25, 2015

June 25, 2015

PACER
93

SUMMONS Returned Executed filed by Nathan Burns, William Davis, Tracey White, Kia Bowers, Kerry White, Antawn Harris, Dwayne Anton Matthews, Jr., Damon Coleman, Sandy Bowers, Theophilus Green. David Ryan served on 6/4/2015, answer due 6/25/2015. (Lattimer, Gregory) (**Incomplete PDF. Attorney to refile correctly.**) Modified on 6/25/2015 (KJS). (Entered: 06/25/2015)

June 25, 2015

June 25, 2015

PACER

Case Details

State / Territory: Missouri

Case Type(s):

Policing

Special Collection(s):

Multi-LexSum (in sample)

Key Dates

Filing Date: Aug. 28, 2014

Closing Date: Feb. 8, 2019

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Plaintiffs are several Missouri residents who are suing the City of Ferguson, Missouri, for acts allegedly perpetrated by Ferguson police officers in the wake of the Michael Brown shooting.

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

City of Ferguson (St. Louis), City

St. Louis County (St. Louis), County

Defendant Type(s):

Law-enforcement

Case Details

Causes of Action:

42 U.S.C. § 1983

State law

Constitutional Clause(s):

Unreasonable search and seizure

Availably Documents:

Trial Court Docket

Complaint (any)

Any published opinion

Outcome

Prevailing Party: Defendant

Nature of Relief:

None

Source of Relief:

None

Issues

General:

Excessive force

Failure to discipline

Failure to supervise

Failure to train

False arrest

Over/Unlawful Detention

Pepper/OC spray