United States District Court, E.D. Missouri, Eastern Division
MEMORANDUM AND ORDER
A. ROSS UNITED STATES DISTRICT JUDGE
matter is before the Court on the motion of plaintiff,
Michael D. Moomey, an inmate at the St. Charles County
Department of Corrections, for leave to commence this action
without payment of the required filing fee. 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 j 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 August 30,
2017, he woke up unconscious in St. Mary's
Hospital in St. Louis, Missouri, and he was told that he was
being charged with armed criminal action and first degree
domestic assault. Plaintiff claims that he was told by police
officers that he had purportedly struck his wife with a
rented vehicle. Nevertheless, plaintiff asserts that the
defendant police officers in this action falsely placed
information in the probable cause statement in order to get a
warrant against him.
probable cause statement, signed on August 30, 2017, by St.
Charles Detective David Weissenborn, states:
On 08/29/17 the victim was running west for exercise on
Sibley St. near Gamble St. when she was struck from behind by
a vehicle. The impact caused her to land on the hood and
strike the back of her head on the windshield. The vehicle
drove away after striking her. The victim suffered a
concussion and laceration on the back of her head and
injuries to her right arm. The victim stated the vehicle was
grey/silver in color. The victim also advised she was in the
process of getting a divorce from her estranged husband
Michael Moomey. She advised he had told her in the past that
he understood when someone kills their children and spouse
On 08/30/17 I received a phone call from the Maryland Heights
PD P.O Swatek advising that they had conducted a check on the
wellbeing at the residence M. Moomey was staying at and
discovered what they described as a suicide note. P.O. Swatek
advised the University City PD had responded to the area of
Big Bend and Forest Park Pkwy where they had discovered M.
Moomey unconscious laying on the roadway. They discovered a
grey/silver vehicle parked nearby that had been rented by M.
Moomey. The vehicle's windshield had been broken in the
lower right passenger side and it was later discovered there
were what appeared to be human hair stuck to the damage. The
hair color was similar to that of the victim's. Also in
the vehicle was a baseball bat and an ice pick or awl.
M.Moomey was transported to St. Mary's hospital for
treatment. M.Moomey admitted to renting the vehicle. He
advised he did not remember what had happened and did not
know how he had ended up in the hospital.
on Officer's Weissborn's probable cause statement,
filed in State v. Moomey, No.1711-CR02906-01
(11th Judicial Circuit, St. Charles County), on
August 31, 2017, a warrant was issued for plaintiffs arrest
on charges of first degree domestic assault and armed
criminal action. Plaintiff was arraigned on September 1,
2017. A grand jury indictment was filed against plaintiff on
January 5, 2018.
noted above, plaintiff brings this action pursuant to 42
U.S.C. § 1983 alleging that there was a lack of probable
cause to arrest him and that he is being held in violation of
the Fourth Amendment. He asserts that his wife, defendant
Sarah Moomey, acted in concert with several St. Louis County
Police Officers, as well as several St. Charles Prosecutors,
to bring a criminal action against plaintiff in order to
assist her in divorcing plaintiff and seizing custody of her
claims that Sarah Moomey worked as an administrative
assistant at "St. Louis County Headquarters" and
began to have an affair with an unnamed St. Louis County
Police Lieutenant she worked with there. Plaintiff further
alleges that the Lieutenant and an Unknown County Captain
told Sarah Moomey that they would "use their
influence" to assist her with divorcing plaintiff and
seizing custody of her children. Thus, on three occasions,
Sarah Moomey purportedly reported that plaintiff assaulted
her and swore criminal complaints against plaintiff. See
Moomey v. Moomey, No. 1611-PN01060 (11th
Circuit, St. Charles County Court).
asserts that Police Officers Swatek, Lewis and Weissenborn
searched his home and car on August 30, 2017 without his
consent and that these defendant Police Officers conspired
with Prosecutors Anderson, Shaffer and Lohmar to violate
plaintiffs rights to due process by arresting him without
probable cause, as set forth above. Plaintiff also asserts
that Unknown Officers from St. Louis County, including the
Chief of Police and an Unknown Lieutenant conspired with
plaintiffs wife to interfere in plaintiffs marriage and
unlawfully make up charges against plaintiff so that
plaintiffs wife could swear out an Order of Protection
against plaintiff and he would lose custody of his children.
asserts a state law claim of intentional infliction of
emotional distress against the defendants. For relief,