Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Peeples v. Miles

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

February 16, 2018

GREGORY PEEPLES Plaintiff,
v.
KAREN MILES, Defendant.

          MEMORANDUM AND ORDER

          JOHN A. ROSS UNITED STATES DISTRICT JUDGE

         Plaintiff brings this action under 42 U.S.C. § 1983 for alleged civil rights violations arising out of his arrest on July 13, 2015 for sexual assault of a minor.[1] In response to the Court's show cause order dated December 12, 2017, plaintiff states he was not convicted of any charges pertaining to this allegedly unlawful arrest, and has no pending case. Because plaintiffs case is not barred by Heck v. Humphrey, the Court will conduct an initial review under 28 U.S.C. § 1915(e) of plaintiff s civil rights action. Upon review, the Court will order the Clerk of Court to issue process on the complaint.

         28 U.S.C. § 1915(e)

         Pursuant to 28 U.S.C. § 1915(e)(2)(B), the Court may dismiss a complaint filed in forma pauperis if the action is frivolous, malicious, fails to state a claim upon which relief can be granted, or seeks monetary relief against a defendant who is immune from such relief. An action is frivolous if "it lacks an arguable basis in either law or in fact." Neitzke v. Williams, 490 U.S. 319, 328 (1989). An action fails to state a claim upon which relief can be granted if it does not plead "enough facts to state a claim to relief that is plausible on its face." Bell Atlantic Corp. v. Twombly, 127 S.Ct. 1955, 1974 (2007).

         In reviewing a pro se complaint under § 1915(e)(2)(B), the Court must give the complaint the benefit of a liberal construction. Haines v. Kerner, 404 U.S. 519, 520 (1972). The Court must also weigh all factual allegations in favor of the plaintiff, unless the facts alleged are clearly baseless. Denton v. Hernandez, 504 U.S. 25, 32-33 (1992); Scheuer v. Rhodes, 416 U.S. 232, 236(1974).

         The Complaint

         Plaintiff alleges that on July 13, 2015, he was arrested based on falsified information in a police incident report. At 10:30 p.m., Patrice Brown called 911 from plaintiffs residence alleging that plaintiff had sexually assaulted Brown's minor daughter, D.D. Two officers responded to the call, one of whom escorted plaintiff to a patrol vehicle, while the other officer spoke to Brown and D.D. The two officers then transported plaintiff to police headquarters, where defendant Detective Miles was waiting in an interview room.

         In the interview with Detective Miles, plaintiff denied all the allegations regarding the sexual assault. Detective Miles then swabbed plaintiff for DNA and transported him to the St. Louis City Justice Center where he was booked on four counts of attempted statutory sodomy, two counts of attempted statutory rape, and one count of child molestation. All charges were taken under advisement and plaintiff was released the following day.

         After reviewing Detective Miles' statement of facts and probable cause statement, the State issued a warrant for plaintiffs arrest on July 31, 2015. See ECF. No. 15. Plaintiff was rebooked on November 9, 2015 to await trial on the charges. One year later, on November 10, 2016, all charges pertaining to plaintiffs arrest were dismissed and he was released.

         Plaintiff alleges Detective Miles knowingly provided false information in her probable cause statement, which led to his arrest without probable cause.

         Discussion

         The Fourth Amendment to the Constitution protects the right of the people to be "secure in their persons . . . against unreasonable searches and seizures . . . ." U.S. Const. Amend. IV. This includes the right to be free from arrest without probable cause. See Lambert v. City of Dumas, 187 F.3d 931, 935 (8th Cir. 1994).

         Plaintiff alleges he was arrested without probable cause, based on fabricated information provided by defendant Detective Miles. He states Detective Miles falsified the following information in her incident report: (1) that Officer Wyman contacted Detective Miles by telephone from the "call for help" location; (2) that Detective Miles interviewed the victim and the victim's mother before her interview with plaintiff; and (3) that plaintiffs arrest occurred at 12:30 a.m. on July 14, 2015. Plaintiff alleges she falsified her police report to create probable cause to have plaintiff arrested.

         Having carefully reviewed and liberally construed the amended complaint as required, the Court finds plaintiff has stated a plausible claim for violation of his Fourth Amendment right to be free from arrest without probable cause. See, e.g., Moody v. St. Charles County,23 F.3d 1410, 1411-12 (8th Cir. 1994) (holding allegation that false affidavit was basis for arrest warrant is sufficient to state § 1983 Fourth Amendment claim against affiant officer); Burk v. Beene,948 F.2d 489, 494-95 (8th Cir. 1991) (holding officer who was aware affidavit was untruthful "should have ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.