Gordon v. Dotson et al

Filing 23

MEMORANDUM AND ORDER - IT IS HEREBY ORDERED that the motion to dismiss 8 is granted, and Counts VII and VIII and the official capacity only claims alleged in Count VI are dismissed. Signed by District Judge Catherine D. Perry on February 4, 2016. (MCB)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
EASTERN DIVISION
CHAD GORDON,
Plaintiff,
vs.
SAM DOTSON, et al.,
Defendants.

)
)
)
)
)
)
)
)
)

Case No. 4:15 CV 1845 CDP

MEMORANDUM AND ORDER
In this removed case, plaintiff brings 42 U.S.C. § 1983 and state law claims
against police officers and members of the St. Louis Board of Police
Commissioners (defendants Dotson, Slay, Irwin, Battle-Turner, Gray, and Switzer)
arising out of his arrest on June 15, 2013. Plaintiff alleges that the defendant
police officers handcuffed him and then beat him up, using excessive force and
causing extensive injuries. Count VI of the first amended complaint alleges state
law claims for assault and battery against the police officers in their official and
individual capacities. Count VII alleges state law claims for assault and battery
against the Police Board defendants – Dotson, Slay, Irwin, Battle-Turner, Gray,
and Switzer – who are sued in their official capacities only. Count VIII alleges a
false imprisonment claim against the police officers in their official capacities
only.

The Police Board defendants move for dismissal of the assault and battery
claims (Count VII) asserted against them, as well as the official capacity only tort
claims alleged against the police officers in Counts VI and VIII. Contrary to
plaintiff’s argument, defendants do not move for dismissal of the assault and
battery claims asserted against the police officers in their individual capacities in
Count VI. The motion to dismiss will be granted as sovereign immunity bars these
claims.
Under Mo. Rev. Stat. § 537.600, public entities enjoy sovereign tort
immunity, unless the immunity is waived, abrogated, or modified by statute. Eden
v. Vaughan, 4:15CV212 ERW, 2015 WL 1530667, at *6 (E.D. Mo. Apr. 6, 2015)
(quoting Richardson v. City of St. Louis, 293 S.W.3d 133, 136 (Mo. Ct. App.
2009)). The Police Board is entitled to sovereign immunity under § 537.600.
Green v. Missouri, 734 F. Supp. 2d 814, 846-47 (E. D. Mo. 2010). “A suit against
a government employee in her official capacity is equivalent to a suit against the
government entity itself, and sovereign immunity therefore also applies with equal
force in the context of official capacity claims.” Fischer v. Steward, 4:07CV1798
ERW, 2010 WL 147865, at *11 (E.D. Mo. Jan. 11, 2010) (citing Betts-Lucas v.
Hartmann, 87 S.W.3d 310, 327 (Mo. Ct. App. 2002)). Because a suit against
Police Board members in their official capacities constitutes a suit against the
Police Board itself, plaintiff’s state law assault and battery claims brought against
2

defendants Dotson, Slay, Irwin, Battle-Turner, Gray, and Switzer in Count VII are
barred by sovereign immunity. See Eden, 2015 WL 1530667, at *6-*7. The same
is true of the naming of the police officers in their official capacities in Counts VI
and VIII of the amended complaint. Id. Therefore, sovereign immunity also bars
the state law claims asserted against the police officers in their official capacities
contained in Counts VI and VIII of the amended complaint. The individual
capacity claims asserted against the police officers in Count VI of the amended
complaint are not subject to dismissal on sovereign immunity grounds and remain
pending.1
Accordingly,
IT IS HEREBY ORDERED that the motion to dismiss [8] is granted, and
Counts VII and VIII and the official capacity only claims alleged in Count VI are
dismissed.

_______________________________
CATHERINE D. PERRY
UNITED STATES DISTRICT JUDGE

Dated this 4th day of February, 2016.

1

The statutory automobile exception to sovereign immunity does not apply here as it only
applies to negligent acts or omissions arising out of the use of an automobile, not to intentional
torts such as assault, battery, and false imprisonment. Mo. Rev. Stat. § 537.600.
3