United States District Court, E.D. Missouri, Eastern Division
MEMORANDUM AND ORDER
C. HAMILTON, UNITED STATES DISTRICT JUDGE.
matter is before the Court on the motion of plaintiff,
Reginald Patrick McCray, an inmate at the St. Louis City
Justice Center, 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
defendant's unlawful seizure and purported failure to
read him his Miranda rights prior to his arrest and
detention at the St. Louis City Justice Center.
states that on January 9, 2017, he was detained by an unnamed
Jennings Police Officer around 9:30 a.m. after he was found
sleeping in a friend's vehicle. Plaintiff states that he
was told by the officer that he “wasn't under
arrest” but that “St. Louis Police
Detectives” wanted to talk to him. Plaintiff claims
that the Jennings Police Officer took him to the Jennings
station and he waited on St. Louis City Police Officers David
King and Joseph Steiger to arrive and taken him to another
claims that Officer King arrived with an unnamed assisting
officer around 1:00 p.m. He claims he was taken to Jefferson
Avenue Patrol Station to an interview room, but that Officer
Steiger and Officer King failed to read him his
Miranda rights, because they told him they
“just wanted to talk.” Plaintiff asserts that
after the officers asked him a few questions he found out he
was a suspect for a robbery and when the officers did not
believe his alibi, he asked for a lawyer. Purportedly,
Officer King got upset at plaintiff and slammed his fist on
the table and acted as though he would “rough plaintiff
up” by using tough verbal threats of how long plaintiff
might go to jail.
claims that after the two officers angrily left the room,
they came back about twenty minutes later with a camera, took
pictures of plaintiff and took him to a cell. Plaintiff was
told he would be placed on a 24-hour hold and taken to the
St. Louis City Justice Center. The next day, plaintiff was
told over the loud speaker at the Justice Center that he was
charged with 1st Degree Robbery and would see the
Judge on the following day and be given bond.
claims that the unnamed Jennings Police Officer did not have
probable cause to detain him on behalf of the two St. Louis
City Police Officers. He also claims that St. Louis City
Police Officers Steiger and King unlawfully detained him at
the police station and failed to read him his
Miranda rights prior to arresting him and detaining
him at the St. Louis City Justice Center.
plaintiff asserts that there was a lack of probable cause to
arrest him and he is being held in violation of the Fourth
review of the state criminal action on Missouri.Case.Net
shows that a probable cause statement was filed in support of
a criminal complaint on January 11, 2017, the date that
plaintiff states he was formally arrested for 1st
degree robbery. The probable cause statement was signed by
Officer David King, and in the statement, Officer King
I am a detective with the St. Louis Police Department. I have
been a police officer for nearly twenty-six years. I am one
of the officers assigned to the investigation of the robbery
of the Imo's pizza restaurant at 1828 Washington Avenue
in St. Louis, MO, on January 2, 2017. I have spoken to the
clerk who was robbed. She says the robber displayed a black
handgun and demanded money. She bagged up money and gave it
to him and he left.
The robbery was captured on video surveillance. I have
watched the video. It is good quality. The robber was not
wearing a mask, and his face is clearly visible. We made a
still photo from the video and put it out on the media.
Afterward we received an anonymous Crimestoppers tip
identifying the robber as this defendant.
I obtained a photograph of the defendant from Tennessee
driving records. We showed a photo of the lineup to the
Imo's clerk who was robbed and she picked the photo of
this defendant from the photo lineup.
This defendant was found sleeping in a stolen car by St.
Louis County officers on January 10, 2017. At that time, he
had in his possession a black air pistol, that ...