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Brandt v. City of La Grange

United States District Court, E.D. Missouri, Northern Division

April 7, 2015

JERRY BRANDT, Plaintiff,
v.
CITY OF La GRANGE, MISSOURI, et al., Defendants.

OPINION, MEMORANDUM AND ORDER

HENRY EDWARD AUTREY, District Judge.

This is before the Court on Defendants City of La Grange, Dale McNelly, Jeff Curl, and Josh Davis's Motion to Dismiss Plaintiff's Petition [ECF No. 16], Defendant Julie K. Flanagan's Motion to Dismiss [ECF No. 18], and Defendant Progressive Casualty Insurance Company's Motion to Dismiss [ECF No. 8].

Background[1]

Plaintiff, Jerry Brandt initially filed this lawsuit in the Circuit Court of Lewis County on January 7, 2015. On February 6, 2015, Defendants City of La Grange, Dale McNelly, Jeff Curl, and Josh Davis ("La Grange Defendants") removed the Petition to this Court pursuant to 28 U.S.C. §§ 1331, 1367, 1441, and 1446. On February 9, 2015, Defendant Progressive Casualty Insurance Company[2] ("Defendant Progressive") filed its pending Motion to Dismiss [ECF No. 8], for failure to state a claim upon which relief can be granted pursuant to Federal Rule of Civil Procedure ("FRCP") 12(b)(6)[3] claiming an injured party cannot proceed by direct action against an insurance company providing liability coverage for an insured who allegedly caused the harm to Plaintiff. On December 13, 2015, the La Grange Defendants filed their pending Motion to Dismiss [ECF No. 16] for failure to state a claim upon which relief can be granted pursuant to FRCP 12(b)(6). On February 17, 2015, Defendant Julie Flanagan ("Defendant Flanagan") filed her pending Motion to Dismiss [ECF No. 18], for failure to state a claim upon which relief can be granted pursuant to FRCP 12(b)(6) for failure to allege facts in support of each element of a claim for negligence.

On November 11, 2014, at the intersection of Fourth Street and Poage Street in La Grange, Missouri, Defendant Flanagan made a left turn in front of oncoming traffic from a side street onto a through street, failing to stop or yield to oncoming traffic. Defendant Flanagan also failed to use a turn signal in making the left turn. Defendant Flanagan's vehicle collided with Plaintiff's vehicle.[4] Police Chief Dale McNelly investigated the accident and filed an allegedly false police report accusing Plaintiff of causing an accident without asking any questions of Plaintiff in a court of law. Chief McNelly also allegedly falsely reported the following facts:

(1) the impact of the accident was from the front of one vehicle to the front of the other vehicle when in fact the impact was from the side of one vehicle to the side of the other;

(2) the accident was on Poage Street at the intersection of 4th street when in actuality the accident was on Fourth Street, which is a through street, and Poage Street, which is a side street;

(3) the street was concrete when it was asphalt;

(4) Plaintiff was at fault because of improper lane usage when Plaintiff had the right of way on a through street;

(5) Plaintiff was distracted with no evidence or proof of the statement;

(6) Defendant Flanagan did not fail to yield to oncoming traffic;

(7) Defendant Flanagan did not make an improper turn by making an illegal left turn into the path of an oncoming vehicle;

(8) Defendant Flanagan stopped to avoid an accident when she did not, in fact, stop; and

(9) Plaintiff stated Defendant Flanagan came out of nowhere.

Chief McNelly refused to issue a citation to Defendant Flanagan. Police Officer Josh Davis did not speak with Plaintiff at any time.

City Attorney Jeff Curl had knowledge of the allegedly false police reports and did not do anything to stop the filing of the false police report, conspired to use the false police report in a court of law, and did not reprimand the officers for filing the allegedly false police reports. City Attorney Curl conspired to bribe and used extortion, with Judge Fred Westhoff, in an attempt to force Plaintiff to plead guilty to an accident in which Plaintiff was not at fault, by offering to reduce the fine and not report Plaintiff's lack of insurance at the time of the accident.

According to Plaintiff, the City of La Grange refused to place a stop sign or yield sign at the end of Poage Street and refused to widen the intersection knowing the intersection is dangerous with no traffic signs. Plaintiff asserts Defendant City of La Grange knows the intersection is not thirty feet wide as required by law and knows gravel from Fourth Street washes into the intersection when it rains.

Defendant Progressive refused to pay for damages to Plaintiff's vehicle. Plaintiff brings claims against the Defendants under Missouri Revised Statutes 575.040, 575.050, 575.060, 575.080, 18 U.S.C. § 241, 5 U.S.C. § 552(a), the First Amendment, Fourth Amendment, and Fourteenth Amendment of the United States Constitution, and negligence. Plaintiff seeks both damages and equitable relief, in that he asks the Court to order a criminal investigation into the attempted bribery and extortion and an injunction against the City of La ...


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