DOE v. NIXON

Nos. 11-3112, 11-3114, 11-3213.

716 F.3d 1041 (2013)

Jane DOE, I; Jane Doe, II; John Doe, I; John Doe, II; John Doe, III; John Doe, IV, Plaintiffs-Appellees v. Jeremiah W. NIXON, in his official capacity as Governor for the State of Missouri; Chris Koster, in his official capacity as Attorney General for the State of Missouri, Defendants-Appellants Thomas O'Connor, in his official capacity as Chief of Police for the Maryland Heights, Missouri, Police Department; Robert P. McCulloch, in his official capacity as Prosecuting Attorney for St. Louis County, Missouri; Steven Kruse, in his official capacity as Chief of Police for the Bowling Green, Missouri, Police Department; Mark Fisher, in his official capacity as Prosecuting Attorney for Pike County, Missouri; Carl A. Kinnison, in his official capacity as Chief of Police for the Cape Girardeau, Missouri, Police Department; H. Morley Swingle, in his official capacity as Prosecuting Attorney for Cape Girardeau County, Missouri, Defendants James Corwin, in his official capacity as Chief of Police for the Kansas City, Missouri, Police Department, Defendant-Appellant Tim Fitch, in his official capacity as Chief of the St. Louis County, Missouri, Police Department; Robert Boydston, in his official capacity as Sheriff of Clay County, Missouri; Stephen Wayne Korte, in his official capacity as Sheriff of Pike County, Missouri; John Jordan, in his official capacity as Sheriff of Cape Girardeau County, Missouri; Tim Walsh, in his official capacity as Chief of Police for the Manchester, Missouri, Police Department, Defendants Ronald K. Replogle, in his official capacity as Superintendent of the Missouri Highway Patrol, Defendant-Appellant. Jane Doe, I; Jane Doe, II; John Doe, I; John Doe, II; John Doe, III; John Doe, IV, Plaintiffs-Appellees v. Jeremiah W. Nixon, in his official capacity as Governor for the State of Missouri; Chris Koster, in his official capacity as Attorney General for the State of Missouri; Thomas O'Connor, in his official capacity as Chief of Police for the Maryland Heights, Missouri, Police Department, Defendants Robert P. McCulloch, in his official capacity as Prosecuting Attorney for St. Louis County, Missouri, Defendant-Appellant Steven Kruse, in his official capacity as Chief of Police for the Bowling Green, Missouri, Police Department; Mark Fisher, in his official capacity as Prosecuting Attorney for Pike County, Missouri; Carl A. Kinnison, in his official capacity as Chief of Police for the Cape Girardeau, Missouri, Police Department; H. Morley Swingle, in his official capacity as Prosecuting Attorney for Cape Girardeau County, Missouri; James Corwin, in his official capacity as Chief of Police for the Kansas City, Missouri, Police Department, Defendants Tim Fitch, in his official capacity as Chief of the St. Louis County, Missouri, Police Department, Defendant-Appellant Robert Boydston, in his official capacity as Sheriff of Clay County, Missouri; Stephen Wayne Korte, in his official capacity as Sheriff of Pike County, Missouri; John Jordan, in his official capacity as Sheriff of Cape Girardeau County, Missouri; Tim Walsh, in his official capacity as Chief of Police for the Manchester, Missouri, Police Department; Ronald K. Replogle, in his official capacity as Superintendent of the Missouri Highway Patrol, Defendants. Jane Doe, I; Jane Doe, II; John Doe, I; John Doe, II; John Doe, III; John Doe, IV, Plaintiffs-Appellants v. Jeremiah W. Nixon, in his official capacity as Governor for the State of Missouri; Chris Koster, in his official capacity as Attorney General for the State of Missouri; Thomas O'Connor, in his official capacity as Chief of Police for the Maryland Heights, Missouri, Police Department; Robert P. McCulloch, in his official capacity as Prosecuting Attorney for St. Louis County, Missouri; Steven Kruse, in his official capacity as Chief of Police for the Bowling Green, Missouri, Police Department; Mark Fisher, in his official capacity as Prosecuting Attorney for Pike County, Missouri; Carl A. Kinnison, in his official capacity as Chief of Police for the Cape Girardeau, Missouri, Police Department; H. Morley Swingle, in his official capacity as Prosecuting Attorney for Cape Girardeau County, Missouri; James Corwin, in his official capacity as Chief of Police for the Kansas City, Missouri, Police Department; Tim Fitch, in his official capacity as Chief of the St. Louis County, Missouri, Police Department; Robert Boydston, in his official capacity as Sheriff of Clay County, Missouri; John Jordan, in his official capacity as Sheriff of Cape Girardeau County, Missouri; Stephen Wayne Korte, in his official capacity as Sheriff of Pike County, Missouri; Tim Walsh, in his official capacity as Chief of Police for the Manchester, Missouri, Police Department; Ronald K. Replogle, in his official capacity as Superintendent of the Missouri Highway Patrol, Defendants-Appellees.

United States Court of Appeals, Eighth Circuit.

Filed: May 10, 2013.


Attorney(s) appearing for the Case

Jeremiah J. Morgan , Asst. Atty. Gen., Jefferson City, MO, argued ( Chris Roster , Atty. Gen., Jefferson City, MO, Christopher J. Quinn , Asst. Atty. Gen., St. Louis, MO, on the brief), for appellants/cross-appellees Jeremiah W. Nixon, Chris Roster, James Corwin, and Col. Ronald R. Replogle.

Lorena V. Merklin von Raenel , Asst. County Counselor, St. Louis County, Clayton, MO, argued ( Patricia Redington , County Counselor, on the brief), for appellants/cross-appellees Robert P. McCulloch and Col. Tim Finch.

David C. Nelson , Nelson & Nelson, Belleville, IL, argued ( Anthony E. Rothert , Grant R. Doty , American Civil Liberties Union of Eastern Missouri, St. Louis, MO, on the brief), for appellees/cross-appellants.

Before RILEY, Chief Judge, WOLLMAN and MELLOY, Circuit Judges.


WOLLMAN, Circuit Judge.

Jeremiah W. Nixon, Chris Koster, James Corwin, and Colonel Ronald Replogle (the State Officials), and Colonel Tim Fitch and Robert P. McCulloch (the St. Louis County Officials) appeal the district court's August 25, 2011, order granting in part the plaintiffs' motion for attorneys' fees and granting the plaintiffs' motion to alter or amend the judgment to reflect the grant of attorneys' fees and costs. Jane Doe I, Jane Doe II, John Doe I, John...

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