BANKS v. SLAY

Nos. 16-3459, 16-3461, 16-3462, 16-4171.

875 F.3d 876 (2017)

Michael J. BANKS; Antonia Rush-Banks, Plaintiffs-Appellees 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, Defendants-Appellants. 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. Michael J. Banks; Antonia Rush-Banks, Plaintiffs-Appellees v. Francis G. Slay, in his official capacity as Mayor, City of St. Louis, and Ex-Officio Member, St. Louis Board of Police Commissioners, Defendant-Appellant. 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, Defendants. 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-Appellants. 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. 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: November 17, 2017.


Attorney(s) appearing for the Case

Robert Herman , Edward Stephen Wells , Schwartz & Herman, Kenneth Mitchell Romines , Saint Louis, MO, for Plaintiffs-Appellants.

J. Brent Dulle , City Counselor's Office, Robert J. Isaacson , Assistant Attorney General, Attorney General's Office, Daniel Joseph Emerson , Emerson Law PC, Saint Louis, MO, for Defendant-Appellee Francis G. Slay.

J. Brent Dulle , City Counselor's Office, Daniel Joseph Emerson , Emerson Law PC, Saint Louis, MO, for Defendants-Appellees Darlene Green and Tishaura O. Jones.

Robert J. Isaacson , Assistant Attorney General, Attorney General's Office, Saint Louis, MO, for Defendants-Appellees Richard Gray, Thomas Irwin, Bettye Battle-Turner, and Erwin O. Switzer.

Before LOKEN, ARNOLD, and SHEPHERD, Circuit Judges.


A core tenet of 42 U.S.C. § 1983 jurisprudence is that an official-capacity suit against an individual is really a suit against that official's government entity. This case applies that principle, as the primary issue we are called upon to decide is whether — under the...

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