Summary
The court denied the City of St. Louis’s motion under Federal Rule of Civil Procedure 25(c) to substitute the State of Missouri as a defendant following the statutory transfer of control over the St. Louis Metropolitan Police Department. Relying on the persuasive reasoning in Clark v. City of St. Louis, the court concluded that Missouri Revised Statutes § 84.325.3 did not clearly transfer the City’s alleged Monell liabilities to the State.
Holdings
- The court denied the City's motion to substitute the State of Missouri for the City of St. Louis.
- The statute did not transfer the City's alleged Monell liabilities to the State because it transfers liabilities of the municipal police department, not the City's liabilities for injuries caused by City policies.
Questions Presented
- Whether Federal Rule of Civil Procedure 25(c) permitted substitution of the State of Missouri for the City of St. Louis after statutory transfer of control of the municipal police department.
- Whether Mo. Rev. Stat. § 84.325.3 transferred the City's alleged Monell liabilities to the State.
Disposition
other
Cases Cited (6)
- Monell v. Department of Social Services of City of New York, 436 U.S. 658, 691 (1978)(followed)
- ELCA Enterprises, Inc. v. Sisco Equipment Rental & Sales, Inc., 53 F.3d 186, 191 (8th Cir. 1995)(followed)
- General Battery Corp. v. Globe-Union, Inc., 100 F.R.D. 258, 261 (D. Del. 1982)(followed)
- Fronings, Inc. v. Johnston Feed Service, Inc., 568 F.2d 108, 111 n.4 (8th Cir. 1978)(followed)
- Clark v. City of St. Louis, et al., No. 4:21-cv-00788-JMD, Doc. 212(persuasive)
- James Pence v. Ramelle Wallace, et al., No. 2422-CC00923(not followed or applied)
Cited In (0)
No citing cases on record yet.
Court Document
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