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Mills v. City of St. Louis

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

May 23, 2018

DESMOND ARNEZ MILLS, Plaintiff,
v.
CITY OF ST. LOUIS, et al., Defendants.

          MEMORANDUM AND ORDER

          JEAN C. HAMILTON UNITED STATES DISTRICT JUDGE

         This 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.

         Background

         Plaintiff 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.

         Purportedly, 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.[1] Plaintiff also asserts claims of false arrest and imprisonment.

         The 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 565.020-001Y198409)
Count 2: Armed Criminal Action (Felony) RSMO 571.015 On 11/2/2016 Time: 9:30 AM Place: 2000 Winnebago (SCC571.015-001Y197552)
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 (SCC571030-002Y200352)
Count 4: Possession of a Firearm (Class C Felony) RSMO 571.070 On 11/2/2016 Time: 9:30 AM Place: 2000 Winnebago (SCC571070-001Y200852)
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.

         A grand jury indictment was filed on June 13, 2017. State v. Mills, No.1722-CR01106-01 (22nd Judicial Circuit, St. Louis City Court). Plaintiff ...


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