Missouri Lawyers Media Missouri legal news and public notices

Plaintiff appealed the dismissal of her §1983 action alleging violations of her constitutional rights in a pending state court custody action. Where the Younger abstention doctrine was applicable to preclude consideration of plaintiff’s federal constitutional claims arising from a pending ...

Tagged with: 42 U.S.C. §1983 State Court Custody Action Younger Abstention Doctrine

Plaintiff, an offender civilly committed to the Minnesota Sex Offender program, appealed from the dismissal of his §1983 action alleging violations of his constitutional rights stemming from the use of force. Where plaintiff failed to show that the use of ...

Tagged with: 42 U.S.C. §1983 excessive force Reasonableness of Search

Plaintiff appealed from the dismissal of his action under 42 U.S.C. §1983. Where plaintiff did not have a private cause of action under the criminal statutes he cited and where his §1983 claims were previously dismissed for lack of subject ...

Tagged with: 42 U.S.C. §1983 Criminal Statute Private Cause of Action

Where appellant challenged the dismissal of his pro se civil rights action, the dismissal was proper, so the judgment is affirmed. Judgment is affirmed. Sayen v. Schurrer (MLW No.74466/Case No. 19-2360 – 2 pages) (U.S. Court of Appeals, 8th Circuit, ...

Tagged with: Dismissal Pro Se Action

Where plaintiff, who invested in an ERISA plan, argued that a service provider to the plan violated ERISA, the district court erred in finding that the provider was not a fiduciary when it set the composite crediting rate, so the ...

Tagged with: ERISA Fiduciary

Where appellant filed an action against defendants including a city and a judge alleging counts including unlawful arrest and constitutional violations, the judge was entitled to absolute judicial immunity from the arrest and detention claims based on an invalid warrant, ...

Tagged with: Judicial Immunity unlawful arrest

Where appellant challenged the dismissal of claims that she brought against a city for jailing her without an inquiry into her ability to pay and without appointing counsel, the district court properly dismissed the claims because the appellant did not ...

Tagged with: Appointment Of Counsel Court Fines Municipal Practice

Where an inmate challenged the dismissal of his claims, adverse summary judgment and the denial of his request for appointed counsel, the district court did not abuse its discretion in denying the motion for appointment of counsel because pro se ...

Tagged with: Failure To Protect Inmate Action Request For Counsel

Where appellant challenged the dismissal of his civil rights action, the district court properly found the claims to be barred by the applicable statute of limitations. Judgment is affirmed. Clayborne v. Parker (MLW No. 74445/Case No. 19-2410 – 2 pages) ...

Tagged with: Dismissal Statute Of Limitations

Plaintiff appealed from the district court’s dismissal of his pro se §1983 action. Where defendants were entitled to judicial immunity and district courts lacked appellate jurisdiction over state court judgments, the district court properly dismissed plaintiff’s complaint. Judgment is affirmed. ...

Tagged with: 42 U.S.C. §1983 Judicial Immunity Jurisdiction over State Court Judgments

Where appellant, who was civilly committed as a sexually violent predator, challenged the denial of a trial on his petition for conditional release, the trial court did not err in finding that the defendant failed to establish by a preponderance ...

Tagged with: Conditional Release- sexually violent predator