Blair v. City of Hannibal

179 F. Supp. 3d 901, 2016 U.S. Dist. LEXIS 49503, 2016 WL 1449532
CourtDistrict Court, E.D. Missouri
DecidedApril 13, 2016
DocketCase No. 2:15CV00061 ERW
StatusPublished
Cited by4 cases

This text of 179 F. Supp. 3d 901 (Blair v. City of Hannibal) is published on Counsel Stack Legal Research, covering District Court, E.D. Missouri primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Blair v. City of Hannibal, 179 F. Supp. 3d 901, 2016 U.S. Dist. LEXIS 49503, 2016 WL 1449532 (E.D. Mo. 2016).

Opinion

[906]*906MEMORANDUM AND ORDER

E. RICHARD WEBBER, SENIOR. UNITED STATES DISTRICT JUDGE

This matter comes before the Court on Defendant Redflex Traffic Systems, Inc.’s Motion for Judgment on the Pleadings ' [ECF No. 19].

I. BACKGROUND

.Plaintiffs Jacob Blair and Sarah Blair (“Plaintiffs”) filed a Class Action Complaint in this Court on August 25, 2015, against Defendants City of Hannibal (“Hannibal”), Redflex Traffic Systems, Inc. (“Redflex”) and Does 1 through 24 alleging Hannibal’s red light camera program is unconstitutional [ECF No. 1]. On November 16, 2015, Plaintiffs filed an Amended Complaint against Defendants asserting the following eight counts: (1) Declaratory Judgment and Injunction pursuant to Missouri Revised Statute § 527.010 et seq.; (2) Violation of Plaintiffs’ Constitutional Rights under the Fifth and Fourteenth Amendments, of the United States Constitution and Article I § 10 of the Missouri Constitution; (3) Unjust Enrichment, (4) Abuse of Process; (5) Civil Conspiracy; (6) Aiding and Abetting against Redflex; (7) Damages for Violation of Missouri Revised Statute § 484.010,- et seq., against Redflex; and (8) Money Had and Received [ECF No. 16]. On November 20, 2015, Redflex filed the pending Motion for Judgment on the Pleadings requesting the Court dismiss all claims against Redflex with prejudice.

The Court adopts the following statement of facts as well-pleaded allegations in Plaintiffs’ Complaint [ECF No. 16]. Ginsburg v. Inbev NV/SA, 623 F.3d 1229, 1233 n. 3 (8th Cir.2010); Ashcroft v. Iqbal, 556 U.S. 662, 678-79, 129 S.Ct. 1937, 173 L.Ed.2d 868 (2009). On or about May 18, 2007, Hannibal and Redflex. entered into a contract for Redflex to install and operate a red light camera system in Hannibal. In December 2011, Plaintiff Joseph Blair received a ticket as a result of the red light camera system, was issued a fine, and paid the fine. At the end of 2012, or beginning of 2013, Plaintiff Sarah Blair' received a ticket as a result of the red light camera system, was issued a fine, and paid the fine. Defendants shared revenue of approximately $500,000 annually since 2007, a sum greater than the cost of the program.

Redflex played an integral role in the program including advising Hannibal about the program, analyzing and making judgments regarding whether a violation occurred, sending notices of violations, collecting fines, and providing a customer service line. Redflex advised persons who had received notices of violation to pay the fine. Redflex and its paid employees are not attorneys licensed in the State of Missouri.

On June 19, 2007, the Hannibal City Council passed Ordinance 4412 which allowed for detection of violations of traffic control ordinances through an automated red light enforcement system.1 On March 6, 2012, the Hannibal City Council revoked Ordinance 4412 and replaced it with Ordinance 4599 which governed the use of the automated red light enforcement system. On November 12, 2013, Hannibal City Council revoked Ordinance 4599 and replaced it with Ordinance 4652 to govern the use of the automated red light enforcement system.2

[907]*907Redflex filed the pending Motion for Judgment on the Pleadings asserting the following arguments: (1) Plaintiffs’ claims are barred by the government contractor defense; (2) Plaintiffs’ claim for violation of constitutional rights fails because Redflex did not engage in, any conduct which caused Plaintiffs to suffer injury; (3) Plaintiffs’ claim for abuse of process fails because Redflex did not issue process; (4) Plaintiffs’ claim for unauthorized practice of law fails because Plaintiffs did not pay Redflex any consideration for legal advice; (5) Plaintiffs’ claims for unjust enrichment and money had and received fail because Plaintiffs did not pay Redflex anything and the voluntary payment doctrine bars these claims; (6) Plaintiffs’ claim for civil conspiracy fails because Plaintiffs fail to plead sufficient facts to support a conspiracy theory; and (7) Plaintiffs’ aiding and abetting claim fails because Plaintiffs’ theories of liability do not constitute causes of action under Missouri law.

II. STANDARD

Generally, a Rule 12(c) motion for judgment on the pleadings is reviewed under the same standard as a 12(b)(6) motion to dismiss. Ginsburg, 623 F.3d at 1233, n. 3; Clemons v. Crawford, 585 F.3d 1119, 1124 (8th Cir.2009); Ashley County v. Pfizer, 552 F.3d 659, 665 (8th Cir.2009). The Court must view the allegations in the Complaint liberally and in the light most favorable to Plaintiff. Eckert v. Titan Tire Corp., 514 F.3d 801, 806 (8th Cir.2008) (citing Luney v. SGS Auto. Servs, 432 F.3d 866, 867 (8th Cir.2005)). The Court “must accept the allegations contained in the complaint as true and draw all reasonable inferences in favor of the nonmoving party.” Coons v. Mineta, 410 F.3d 1036, 1039 (8th Cir.2005). A complaint must have “enough facts to state a claim to relief that is plausible on its face.” Bell Atl. Corp. v. Twombly, 550 U.S. 544, 570, 127 S.Ct. 1955, 167 L.Ed.2d 929 (2007) (abrogating the “no set of facts” standard for Fed.R.Civ.P. 12(b)(6) found in Conley v. Gibson, 355 U.S. 41, 45-46, 78 S.Ct. 99, 2 L.Ed.2d 80 (1957)). To prove the grounds for entitlement of relief, a plaintiff must provide more than labels and conclusions, and “a formulaic recitation of the elements of a cause of action will not do.” Bell Atl. Corp., 550 U.S.. at 555, 127 S.Ct. 1955; Huang v. Gateway Hotel Holdings, 520 F.Supp.2d 1137, 1140 (E.D.Mo.2007).

“[T]he Court generally must ignore materials outside the pleadings, but it may consider ‘some materials that are part of the public record or do not contradict the complaint.’ ” State ex rel. Nixon v. Coeur D'Alene Tribe, 164 F.3d 1102, 1107 (8th Cir.1999). Additionally, the Court may consider materials that are “necessarily embraced by the pleadings.” Piper Jaffray Cos. v. National Union Fire Ins. Co., 967 F.Supp, 1148, 1152 (D.Minn.1997); Porous Media Corp. v. Pall Corp., 186 F.3d 1077, 1079 (8th Cir.1999).

III. DISCUSSION

Redflex asserts seven arguments to support its assertion Plaintiffs’ claims should be dismissed. The Court will address each as follows.

A. Government Contractor Defense

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179 F. Supp. 3d 901, 2016 U.S. Dist. LEXIS 49503, 2016 WL 1449532, Counsel Stack Legal Research, https://law.counselstack.com/opinion/blair-v-city-of-hannibal-moed-2016.