United States District Court, E.D. Missouri
LOUGIN et al. Plaintiffs
CITY OF SAINT LOUIS, MISSOURI et al. Defendants
MEMORANDUM AND ORDER
C. HAMILTON UNITED STATES DISTRICT JUDGE.
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
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.
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
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.
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
VIII. Negligent infliction of emotional distress as to all
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
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