Keilee Fant v. City of Ferguson, MO
Opinion
Keilee Fant and ten others brought a putative class action against the City of Ferguson, alleging several constitutional violations under
The six counts at issue stem from the City's alleged detention of plaintiffs for their inability to pay traffic fines. The City's motion to dismiss argued that sovereign immunity barred those claims because the alleged injuries are attributable to the Ferguson Municipal Court, which the City says is an arm of the State of Missouri. The district court denied the motion, concluding the City is not entitled to sovereign immunity, and that the amended complaint sufficiently alleges that the plaintiffs' injuries are attributable to the City.
Given that the litigation continues in the district court, the parties dispute whether there is a "final decision" over which this court has appellate jurisdiction.
See
The City points out that this court exercised jurisdiction in
Webb v. City of Maplewood
,
For these reasons, the City's interlocutory appeal is dismissed for lack of jurisdiction. The City's motion for judicial notice and conditional motion to remand are denied.
The Honorable Audrey G. Fleissig, United States District Judge for the Eastern District of Missouri.
Reference
- Full Case Name
- Keilee FANT, Individually and on Behalf of All Others Similarly Situated; Roelif Carter; Allison Nelson ; Herbert Nelson, Jr.; Alfred Morris ; Anthony Kimble ; Donyale Thomas; Shameika Morris; Daniel Jenkins ; Ronnie Tucker ; Tonya DeBerry, Plaintiffs - Appellees, v. CITY OF FERGUSON, MISSOURI, Defendant - Appellant.
- Cited By
- 2 cases
- Status
- Published