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Lougin v. City of Saint. Louis, MO.

United States District Court, E.D. Missouri

July 8, 2019

LOUGIN et al. Plaintiffs
v.
CITY OF SAINT LOUIS, MISSOURI et al. Defendants

          MEMORANDUM AND ORDER

          JEAN C. HAMILTON UNITED STATES DISTRICT JUDGE.

         This matter is before the Court on the Motion to Dismiss filed by Defendants, City of Saint Louis, Missouri, Freddie Dunlap (in his individual and official capacity), John Doe's 1-4 (in their official capacity), Rick Lauman, (in his official capacity) Shawn Ordway (in his official capacity), Claudia Roe, (in her official capacity), Chris Roth (in his individual and official capacity), and Saint Louis City Board of Equalization (City of St. Louis Assessor President of the BOE in their official capacity), (ECF No. 15), and on the Motion to Dismiss filed by Defendant Grand Center Inc. (ECF No. 18).

         BACKGROUND

         Pro Se Plaintiffs Lougin and Russo (“Plaintiffs”) bring the instant case alleging twelve counts against the defendants which arise from taxation issues regarding two parcels of land located at 3716 Grandel Square and 3722 Grandel Square. Plaintiffs bring the following claims:

I. Deprivation of civil rights under the color of state law under the Fourteenth Amendment Equal Protection Clause pursuant to 42 U.S.C. § 1983 against all Defendants.
II. Conspiracy to deprive civil rights under the Fourteenth Amendment Equal Protection Clause pursuant to 42 U.S.C. §1985 (3).
III. Conspiracy to deprive civil rights under the Fourteenth Amendment Due Process Clause specifically against Defendant City of St. Louis Board of Equalization, John Does 1-4 and Freddie Dunlap, the City of St. Louis Assessor pursuant to 42 U.S.C. §1983.
IV. Municipal liability against the City of St. Louis for failure to train, failure to discipline, and failure to supervise pursuant to 42 U.S.C. §1983.
V. Unlawful retaliation in violation of the Fifth and Fourteenth Amendments pursuant to 42 U.S.C. §1983 against St. Louis City.

         Plaintiffs bring the additional state law claims against the Defendants:

VI. Conspiracy to commit fraud under Mo. Rev. Stat. § 526.014 against all Defendants
VII. Intentional infliction of emotional distress as to all defendants
VIII. Negligent infliction of emotional distress as to all defendants
IX. Claims under Mo. Rev. Stat. §353.110(1); §137.115(10); §137.115(11); §137.115(12); §137.010(6); §137.115(2); §610.010-610.026; and §138.060 against Defendants City of St. Louis, Freddie Dunlap, Shawn Ordway, Claudia Roe, Rick Lauman, and Chris Roth.
X. Fabrication of Evidence pursuant to Mo. Rev. Stat. §575.100 against Mr. Dunlap; XI. Concealment of evidence pursuant to Mo. Rev. Stat § 575.100 against the City of ...

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