JOHNSON v. BOARD OF POLICE COM'RS

No. 4:04CV-01266ERW.

370 F.Supp.2d 892 (2005)

Chad JOHNSON, et. al., Plaintiffs, v. BOARD OF POLICE COMMISSIONERS: Jo Ann Freeman, et. al., Defendants.

United States District Court, E.D. Missouri, Eastern Division.

April 27, 2005.


Attorney(s) appearing for the Case

Ann B. Lever, Dan K. Glazier, Legal Services of Eastern Missouri, St. Louis, MO, John J. Ammann, Susan W. McGraugh, Brittney Stockton (law student), Sudip Kundu (law student), and Todd Parker (law student), St. Louis University Legal Clinic, St. Louis, MO, Jane H. Aiken, Steven J. Gunn, Catherine E. Johnson, R. Steven Connor (law student), Erin Kepplinger (law student), Laura Mendelson (law student), Carol Morganstern (law student), Andray Napolez (law student), Tony Oliver (law student), and Laura Yates (law student), Washington University School of Law Civil Justice Clinic, St. Louis, MO, Stephen M. Ryals, Ryals Law Firm, P.C., St. Louis, MO, Denise D. Lieberman, American Civil Liberties Union, St. Louis, MO, for plaintiffs.

Erwin O. Switzer, III, Steven Brown, Missouri Attorney General's Office, St. Louis, MO, for Defendants Board of Police Commissioners: Jo Ann Freeman, Susan C.J. Rollins, Bartholomew Saracino, Michael J. Quinn, and Francis G. Slay, and Mary J. Warnecke, Commander of the Fourth Police District of the St. Louis Police Department.

Carl W. Yates, III, Donald G. Dylewski, Judith A. Ronzio, St. Louis City Counselors, St. Louis, MO, for Defendant City of St. Louis.


MEMORANDUM AND ORDER

WEBBER, District Judge.

This matter comes before the Court upon Motions of Defendants Captain Mary J. Warnecke ("Defendant Warnecke") and City of St. Louis to Dismiss Plaintiffs' Complaint for Failure to State a Claim, pursuant to Fed.R.Civ.P. 12(b)(6) [doc. # 32, 34].1

I. BACKGROUND FACTS

On September 17, 2004, Plaintiffs filed a Complaint against Defendants Warnecke,...

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