Hunter v. Salem, Missouri, City of et al

Filing 18

MOTION to Dismiss :City of Salem by Defendant Salem, Missouri, City of. (Wilson, Matthew)

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
EASTERN DIVISION

ANAKA HUNTER,

)
)
Plaintiff,
)
)
vs.
)
)
CITY OF SALEM, MISSOURI,
)
BOARD OF TRUSTEES, Salem Public )
Library, and GLENDA WOFFORD,
)
Individually, and in her official capacity )
As Director of the Salem Public Library, )
)
Defendants.
)

Case No: 4:12-CV-0004-ERW

JURY TRIAL DEMANDED

CITYOF SALEM, MISSOURI’S MOTION TO DISMISS
COMES NOW Defendant, the City of Salem, Missouri (“City”), by and through its
attorneys of record, Baird, Lightner, Millsap & Harpool, P.C., and pursuant to Rule 12(b)(6) of
the Federal Rules of Civil Procedure, respectfully moves the Court for an Order dismissing, with
prejudice, Plaintiff’s claims against Defendant City in the above-captioned cause. In support of
its Motion, City states the following:
1.

Plaintiff has alleged that the Salem Public Library is established pursuant to §

182.140, RSMo 2012 (WL). Doc. No. 1 § 7.
2.

A city library created pursuant to § 182.140 is a political subdivision of the State

of Missouri, separate from the city in which it is created.
3.

Chapter 182 reserves no power or authority to a city, once a city library’s board of

trustees has been appointed, to direct the activities of a city library or set its policies.

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4.

The policies and actions of the agents or employees of the Salem Public Library

(“Library”) are, as a matter of Missouri law, not the policies and actions of the City. Therefore,
Plaintiff’s Complaint fails to state a claim against City on which relief may be granted under 42
U.S.C. § 1983.
5.

The grounds supporting City’s Motion are set forth in their entirety in City’s

Suggestions in Support, which are incorporated by this reference as though fully set forth herein.
WHEREFORE, for the reasons set forth in the foregoing, City respectfully requests the
Court find that the claims set forth Plaintiff Complaint state no claim against it, and enter an
order dismissing City from the instant case, at Plaintiff’s cost, and for such other and further
relief to which City may show itself justly entitled.

BAIRD, LIGHTNER, MILLSAP & HARPOOL, P.C.
By:
/s/Matthew D. Wilson
M. DOUGLAS HARPOOL #28702
MATTHEW D. WILSON #59966
1901-C South Ventura Avenue
Springfield, MO 65804-2700
Telephone [phone]
Facsimile [phone]
[e-mail]
[e-mail]
Attorneys for Defendants

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CERTIFICATE OF SERVICE

I hereby certify that on the 5th day of March, 2012, I electronically filed the foregoing
with the Clerk of Court using the CM/ECF system which provided a copy of to the below listed
counsel of record:
Anthony E. Rothert
Grant R. Doty
ACLU of Eastern Missouri
454 Whittier Street
St. Louis, MO 63108

Daniel Mach
ACLU Foundation
915 15th Street, NWS
Washington, DC 20005
Fax: [phone]

Fax: [phone]

___/s/ Matthew D. Wilson ___________________
MATTHEW D. WILSON

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