United States District Court, E.D. Missouri, Eastern Division
MEMORANDUM AND ORDER
C. HAMILTON UNITED STATES DISTRICT JUDGE
matter is before the Court upon the motion of plaintiff,
Desmond Arnez Mills, who is currently detained at St. Louis
County Justice Center, 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 $7.87. 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 cases against plaintiff that arises
out of the same facts.
brings this action pursuant to 42 U.S.C. § 1983
asserting violations of his Fourth Amendment rights against
false arrest and false imprisonment. He states that he
believes several St. Louis City Police Officers tampered with
evidence at the scene of a homicide.
plaintiff's cell phone was found at the scene of a
murder, and plaintiff believes that his purported cell phone
was moved by police to two separate locations relating to the
murder in order to implicate plaintiff in the murder of the
victim. Plaintiff further alleges, by way of the exhibits
attached to his complaint, that he was unlawfully detained in
an attempt to pin him to the crime, maliciously prosecuted in
a criminal action for murder, and not properly informed of
his Miranda rights at the time of his purported
arrest by Police Officers Thomas Mayer and Gregory W.
Klipsch. Plaintiff also asserts claims of false
arrest and imprisonment.
probable cause statement sworn in support of the criminal
complaint by Detective Mayer states as follows:
1. I have probable cause to believe that Desmond Arnez Mills,
a Black/African American Male DOB ------- Age: 32, committed
one or more criminal offense(s).
Count 1: Murder 1st Degree (Class A Felony) RSMo
565.020 On 11/2/2016 Time: 9:30 AM Place: 2000 Winnebago (SCC
Count 2: Armed Criminal Action (Felony) RSMO 571.015 On
11/2/2016 Time: 9:30 AM Place: 2000 Winnebago
Count 3: Shoot Firearm at Mv/per/bldg-prior (Class B Felony)
RSMO 571.030 On 11/2/2016 Time: 9:30 AM Place: 2000 Winnebago
Count 4: Possession of a Firearm (Class C Felony) RSMO
571.070 On 11/2/2016 Time: 9:30 AM Place: 2000 Winnebago
2. The facts supporting this belief are as follows:
Victim Douglas Coats was found dead in a blue 2008 Chevrolet
Impala. He had one gunshot wound through the neck. Located at
the scene were one .45 caliber shell casing and the
defendant's phone. The defendant subsequently beat his
girlfriend with a Glock .45 pistol. It was later determined
that the cartridge found at the scene matched the Glock .45
pistol used in the assault. The defendant and the victim knew
each other and had argued only hours before the murder. The
defendant is a convicted felon in that on September 30, 2005,
he was convicted of trafficking in the second degree in the
Circuit Court of the City of Saint Louis.
jury indictment was filed on June 13, 2017. State v.
Mills, No.1722-CR01106-01 (22nd Judicial
Circuit, St. Louis City Court). Plaintiff ...