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B.W. v. City of St. Louis

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

June 10, 2019

B.W., Plaintiff,
v.
CITY OF ST. LOUIS, et al., Defendants.

          OPINION, MEMORANDUM AND ORDER

          HENRY EDWARD AUTREY UNITED STATES DISTRICT JUDGE.

         This matter is before the Court on Defendant City of St. Louis' Motion to Dismiss, [Doc. No. 30]. Plaintiff opposes the Motion. For the reasons set forth below, the Motion will be granted.

         Facts and Background

         Plaintiff's Amended Complaint alleges the following:

         On the night of June 12, 2015, Plaintiff lived in a home in the City of St. Louis along with her four children. During that evening of June 12, 2015, the estranged husband of Plaintiff suddenly took the family vehicle from Plaintiff's residence and absconded. Plaintiff then called the Saint Louis Metropolitan Police Department to report the incident.

         Following Plaintiff's call for assistance, Defendant Stewart responded to the call and arrived at Plaintiff's residence. Upon arriving at Plaintiff's residence, Defendant Stewart entered the dwelling and began speaking with Plaintiff. Upon hearing Plaintiff describe the situation in which the family vehicle was taken, Defendant Stewart, rather than asking questions about the situation, asked Plaintiff, “Are you freaky?” Defendant Stewart then indicated that he wanted Plaintiff to perform oral sex on Defendant Stewart in Plaintiff's dwelling. Defendant Stewart made the demand for oral sex to Plaintiff.

         Plaintiff was in a state of obvious fear because of the theft of the family vehicle. Furthermore, she was, as an African-American female, frightened to be in the presence of a white male police officer brazenly exhibiting his power over Plaintiff by demanding that she perform sexual acts on Defendant Stewart while her four children slept in a bedroom just a few feet away. Plaintiff feared for her safety and for her life.

         Defendant Stewart coerced Plaintiff into performing oral sex on Defendant Stewart. The contact by Defendant Stewart was in fact undertaken for Defendant Stewart's sexual gratification.

         Plaintiff then vomited into a towel, called her mother and reported the incident to the police.

         Due to duress and the related balance of power in Defendant Stewart's favor, Plaintiff had no lawful capacity to consent to Defendant Stewart's sexual assault.

         The sexual misconduct of Defendant Stewart against Plaintiff was so egregious and so outrageous that it may fairly be said to shock the contemporary conscience.

         Defendant Stewart violated Plaintiff's rights to substantive due process.

         Defendant City of St. Louis failed to properly train Defendant Stewart on responding to calls where the complainant and responding officer are of the opposite sex and particularly on when the complainant and reporting officer are of the opposite sex and isolated.

         Defendant City of St. Louis failed to properly train Defendant Stewart on ...


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