United States District Court, E.D. Missouri, Southeastern Division
QUINTAYUS D. MOORE, Plaintiff,
JOSHUA GREGORY, et al., Defendants.
MEMORANDUM AND ORDER
C. HAMILTON, UNITED STATES DISTRICT JUDGE.
matter is before the Court on the motion of plaintiff,
Quintayus D. Moore, an inmate at the Cape Girardeau County
Jail, for leave to commence this action without payment of
the required filing fee. For the reasons stated below, the
Court finds that plaintiff does not have sufficient funds to
pay the entire filing fee and will assess an initial partial
filing fee of $1.00. See 28 U.S.C. §
1915(b)(1). Furthermore, based upon a review of the
complaint, the Court will stay and administratively close
this action pursuant to the Supreme Court case of Wallace
v. Kato, 549 U.S. 384 (2007), based on the pendency of
an underlying criminal case against plaintiff arising out of
the same facts.
brings this action pursuant to 42 U.S.C. § 1983
asserting violations of his Fourth Amendment rights against
illegal search and seizure. He states that on January 26,
2018, he and a friend by the name of John
Brown, were staying the night in the Twin House Inn in Cape
Girardeau, Missouri. He claims that Brown took “some
pills” and lay down to go to sleep. Plaintiff alleges
that around thirty minutes after Brown went to sleep,
plaintiff noticed that Brown was “wet” and he
tried to wake Brown up. Plaintiff states that his friend was
“unresponsive” and was “bleeding from the
nose.” Plaintiff claims that he feared for his
friend's safety and as a result, he contacted the Cape
Girardeau Police Department.
asserts that Officer Evans of the Cape Girardeau Police
Department responded to his call and that when he came to the
door at the Inn he knocked and then “opened the
door” and “told [plaintiff] to back up and stay
where [he] was.” Plaintiff claims that Officer Gregory
arrived shortly after, and he asked plaintiff what happened.
Plaintiff alleges that he told Officer Gregory that he
believed Brown had ingested some pills and had possibly
overdosed. Plaintiff claims that Gregory asked him if he had
any weapons or “anything else on [him]” and
plaintiff told him “no.” Plaintiff claims Officer
Gregory then asked if he could search plaintiff, and
plaintiff again told Officer Gregory “no, not unless
you have a search warrant.” Plaintiff asserts that
despite the fact that he had not given Officer Gregory
consent to search, Gregory searched plaintiff and found $401
in cash on his person, as well as two small plastic bags of
pills that contained Alprazolam and Clonazepam.
states that after the unlawful search, he was then read his
Miranda rights by Officer Gregory and asked about the pills
in his possession. Plaintiff asserts that he told Officer
Gregory that the pills belonged to Brown and that he found
the pills in Brown's pockets when he was attempting to
revive him. Plaintiff told Officer Gregory that he believed
Brown had taken Xanax. Officer Gregory told plaintiff that he
was going to be placed under arrest for possession of a
controlled substance, and plaintiff asserted that he had been
merely acting as a Good Samaritan, meaning that he could not
be prosecuted under Missouri law. Despite plaintiff's
assertions, he was arrested and charged with two counts of
possession of a controlled substance on January 26, 2018.
See State v. Moore, No. 18CG-CR0143 (32nd
Judicial Circuit, Cape Girardeau County). A formal
arraignment on the complaint was done on January 29, 2018.
Gregory issued the probable cause statement on January 26,
2018. See State v. Moore, No. 18CG-CR0143
(32nd Judicial Circuit, Cape Girardeau County). In
his statement, under oath, Officer Gregory asserts that at
approximately 1:02 a.m., he responded to the Town House Inn
in reference to an overdose.
Upon my arrival I observed Ptlm Evans kneeling down providing
chest compressions to the male who was overdosing and was
unresponsive (John E. Brown). As I walked up the stairs to
enter the room a black male exited the room where Brown was
possibly overdosing. The black male was later identified as
Moore. I ran Moore through communications which they replied
he had a no bond warrant for probation violation - robbery.
I asked Moore if he had any weapons or illegal contraband on
his person which he stated he did not and allowed me to
search his person. When searching Moore's front left
pocket of his jeans, I retrieved 2 plastic baggies of pills
(1 bag of blue pills and 1 bag of pink pills). The baggie of
pink pills had 6 full pills and multiple broken pills of
Alprazolam which is a Schedule IV controlled substance.
The baggie of blue pills contained 5 full pills of
Clonazepam, which is a Schedule IV controlled substance.
I also retrieved $401 from the same pocket. The money was
broken down into small denominations of $20s, $10s, $5s and
$1s, which through my training and experience is commonly
used for the distribution of illegal drugs.
While on scene Moore was read his rights per the Miranda
Warning, where he stated he understood his rights and agreed
to answer my questions. Moore advised the pills were
“Xanax.” Moore stated he had the money along with
the pills because he was paying for the hotel room. The
interview was recorded with my department issued recording
Moore is on parole for Robbery 2nd, Burglary
1st, and Burglary 2nd.
The above statement is a probable cause statement which only
states the probable cause which was present to affect the
arrest on Quintayus D. ...