FREY v. CITY OF HERCULANEUM, MO.

No. 93-3507.

37 F.3d 1290 (1994)

Arthur FREY, Sr., Administrator of the Estate of Arthur Frey, Jr. and on his own behalf; Plaintiff-Appellant, Darren Michael Frey, the minor child of the deceased Arthur Frey, Jr. by his next friend Arthur Frey, Sr.; Linda Frey, on her own behalf; Michael Frey, on his own behalf, Plaintiffs, v. CITY OF HERCULANEUM, MISSOURI; Thomas Robert, Individually and in his official capacity as Mayor of the City of Herculaneum, Missouri; Tom Griffith; Del Becker, Sr.; Chris Rapp; Barbara Welch; Dave Hoffman; Warren Holdinghausen, Individually and in their official capacities as Council members of the City of Herculaneum, Missouri; Kevin White, Individually and in his capacity as Chief of Police for the City of Herculaneum, Missouri; Douglas Bequette, Individually and in his official capacity as Police Officer for the City of Herculaneum, Missouri; City of Pevely, Missouri; Charles Bank, Individually and in his official capacity as Mayor of the City of Pevely, Missouri; Joy Wineinger; John Knobloch; Curt Stueve; Tony Kern; Don Menkhus; Ed Ziegelmeyer, Individually and in their official capacities as Council Members of the City of Pevely, Missouri; Ronald Weeks, Individually and in his official capacity as Chief of Police for the City of Pevely, Missouri; David Kaltenbronn, Individually and in his official capacity as Police Lieutenant for the City of Pevely, Missouri; Myra McBride, Individually and in her official capacity as employee of the Police Department of the City of Pevely, Missouri, Defendants-Appellees.

United States Court of Appeals, Eighth Circuit.

Decided October 12, 1994.


Attorney(s) appearing for the Case

Christelle Marie Adelman-Adler, St. Louis, MO, argued (Linda Murphy, Clayton, MO, and Christelle Adelman-Adler, St. Louis, MO, on the brief), for appellant.

James E. Mello, St. Louis, MO, argued (Dennis H. Tesreau and Darrell E. Missey, Hillsboro, MO, on the brief for appellee City of Herculaneum. Frank N. Gundlach and James E. Mello, St. Louis, MO, on the brief, for appellees City of Pevely, et al.).

Before LOKEN, Circuit Judge, FRIEDMAN and JOHN R. GIBSON, Senior Circuit Judges.


JOHN R. GIBSON, Senior Circuit Judge.

Arthur Frey, Sr., also administrator of Arthur Frey, Jr.'s estate, appeals the district court's orders dismissing his complaint and denying him leave to amend his complaint which alleged violations of Arthur Frey, Jr.'s civil rights under 42 U.S.C. § 1983 (1988). Arthur Frey, Jr. committed suicide while detained in the Pevely, Missouri jail.1 The district court dismissed the action against the...

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