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BANKS v. SLAY

No. 14-1959.

789 F.3d 919 (2015)

Michael J. BANKS; Antonia Rush-Banks, Plaintiffs-Appellants v. Francis G. SLAY, in his official capacity as Mayor, City of St. Louis, and Ex-Officio Member, St. Louis Board of Police Commissioners; Darlene Green, in her official capacity as Comptroller, City of St. Louis; Tishaura O. Jones, in her official capacity as Treasurer, City of St. Louis; Richard Gray, in his official capacity as President, St. Louis Board of Police Commissioners; Thomas Irwin, in his official capacity as Vice President, St. Louis Board of Police Commissioners; Bettye Battle-Turner, in her official capacity as Treasurer, St. Louis Board of Police Commissioners; Erwin O. Switzer, in his official capacity as Purchasing Member, St. Louis Board of Police Commissioners, Defendants-Appellees.

United States Court of Appeals, Eighth Circuit.

Filed: June 19, 2015.

Attorney(s) appearing for the Case

Robert Herman , Schwartz, Herman & Davidson, St. Louis, MO, argued ( Kenneth M. Romines , St. Louis, MO, on the brief), for appellants.

Robert J. Isaacson , Asst. Atty. Gen., St. Louis, MO, argued (Chris Koster, Atty. Gen., Jefferson City, MO, on the brief), for appellees Francis Slay, Darlene Green,

Thomas Irwin , Bettye Battle-Turner , and Erwin O. Switzer.

Winston Calvert , City Counselor, Daniel J. Emerson , Assoc. City Counselor, St. Louis, MO, for appellees Francis Slay, Darlene Green, and Tishaura Jones.

Before MURPHY and SHEPHERD, Circuit Judges, and BROOKS, District

In 2009 Michael Banks and Antonia Rush-Banks obtained a $900,000 default judgment in a state court action against a St. Louis police officer in his individual and official capacities. The couple then unsuccessfully sought a writ of mandamus to enforce that judgment from both the state trial court and the Missouri Court of...

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