Kingsley et al v. Lawrence County, Missouri et al

Filing 447

ORDERED that Plaintiffs' Motion for Partial Summary Judgment (Doc. #421) is granted. Signed on 2/1/19 by District Judge Stephen R. Bough. (Diefenbach, Tracy)

IN THE UNITED STATES DISTRICT COURT FOR THE
WESTERN DISTRICT OF MISSOURI
SOUTHWESTERN DIVISION
KIMAN KINGSLEY, et al.,
Plaintiffs,
v.
LAWRENCE COUNTY, MISSOURI, et al.,
Defendants.

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Case No. 3:17-cv-05007-SRB

ORDER
Before this Court is Plaintiff Kiman Kingsley’s Motion for Partial Summary Judgment.
(Doc. #421). The motion is granted.
Plaintiff brings his motion under Federal Rule of Civil Procedure 56(a), requesting that
this Court find Defendant Sheriff Brad DeLay has final policymaking authority for purposes of
42 U.S.C. § 19831 “in the areas of training and supervision of deputies and procedures for the
investigation of crimes and the arrest of criminal suspects.” (Doc. #421, p. 1). Defendants
concede that Plaintiff is entitled to partial summary judgment on this issue. (Doc. #442, p. 2).
This Court agrees. The Court therefore finds that at the time of the challenged conduct
Defendant DeLay was the final policymaker for Lawrence County, Missouri, in the areas of
“hiring, firing, training, disciplining, and supervision of Lawrence County deputies” and
“establishing and enforcing departmental guidelines for law enforcement operations, rules, and
procedures.” (Doc. #442, p. 2).
Accordingly, it is ORDERED that Plaintiff’s Motion for Partial Summary Judgment
(Doc. #421) is granted.

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See City of St. Louis v. Praprotnik, 485 U.S. 112, 127 (1988); Pembaur v. City of Cincinnati, 475 U.S. 469, 483
(1986).

IT IS SO ORDERED.
/s/ Stephen R. Bough
STEPHEN R. BOUGH, JUDGE
UNITED STATES DISTRICT COURT
DATE: February 1, 2019

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