Holland v. Simmerman

CourtDistrict Court, E.D. Missouri
DecidedSeptember 26, 2025
Docket1:24-cv-00201
StatusUnknown

This text of Holland v. Simmerman (Holland v. Simmerman) 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
Holland v. Simmerman, (E.D. Mo. 2025).

Opinion

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MISSOURI EASTERN DIVISION

JON HOLLAND, ) TYANE HOLLAND, ) MELISSA FERRILL, ) JAMIE HOLLAND, ) ANGELA WRIGHT, and ) JESSICA FRIEDMEYER, ) ) Plaintiffs, ) ) v. ) No. 1:24-cv-00201-CMS ) CITY OF SIKESTON, ) MISSOURI, and ) MARTIN SIMMERMAN, ) ) Defendants. )

MEMORANDUM AND ORDER

This matter is before the Court on Defendants City of Sikeston, Missouri and Martin Simmerman’s Motion to Dismiss Plaintiffs’ First Amended Complaint pursuant to Fed. R. Civ. P. 12(b)(6) (Doc. 18). Defendants assert they are entitled to dismissal because qualified immunity protects them against Plaintiffs’ 42 U.S.C. § 1983 claims and Missouri’s doctrine of official immunity similarly protects them against Plaintiffs’ state law claims. This Court GRANTS Defendants’ Motion to Dismiss Plaintiffs’ First Amended Complaint (Doc. 18). PLAINTIFFS’ FACTUAL ALLEGATIONS Plaintiff Jammie Holland is the widow of the deceased, George Holland

(Decedent), and Plaintiffs Jon Holland, Tyane Holland, Melissa Ferrill, Angela Wright, and Jessica Friedmeyer are the children of Decedent.1 (Doc. 17 at 3; Doc. 29 at 1). As alleged in Plaintiffs’ First Amended Complaint (Complaint), Decedent

attended an Alcoholics Anonymous meeting in Sikeston, Missouri, on October 14, 2023. (Doc. 17 at 3). Decedent experienced a “mental health crisis” and began “incoherent[ly] and nonsensical[ly]” speaking to the other attendees. (Doc. 17 at 4). Decedent then pulled a pistol and placed the barrel of the pistol in his mouth.

(Doc. 17 at 4). Plaintiffs allege that Decedent did not point the pistol at any other attendees and allowed all the attendees to leave the building. (Doc. 17 at 4). Sikeston Police Sgt. Devin Wierschem was the first officer to arrive on the

scene. (Doc. 17 at 4). When Sgt. Wierschem encountered Decedent, Decedent was in the back of the meeting room, approximately 35 feet from the front door of the building. (Doc. 17 at 4). Sgt. Wierschem placed himself in a tactical position at the front door of the building and spoke to Decedent. (Doc. 17 at 4). Decedent

expressed suicidal ideations and continued to speak incoherently. (Doc. 17 at 4).

1 Plaintiffs Jamie Holland, Angela Wright, and Jessica Friedmeyer moved to intervene on August 14, 2025. (Doc. 29). The Court granted the motion to intervene, as well as leave to file any additional suggestions in opposition to Defendants’ motion to dismiss by September 22, 2025. (Doc. 33). No additional suggestions in opposition were filed. Other Sikeston police officers, including Defendant Martin Simmerman, soon arrived. (Doc. 17 at 5). According to Plaintiffs’ Complaint, Sgt. Wierschem

informed the other officers that Decedent “hadn’t pointed it at us,” “pointed to himself,” and “never made a motion this way.” (Doc. 17 at 5). All officers stayed outside the front door, which was the only accessible

entrance. (Doc. 17 at 5). During the encounter, Sikeston Police requested a crisis negotiator. (Doc. 17 at 5). Defendant Simmerman remained at the front door “in [a] tactically concealed and covered position behind the outer wall” of the building with an assault rifle pointed at Decedent through the open front door. (Doc. 17 at 5-

6). Plaintiffs further allege in the Complaint that, approximately 15 minutes after Sgt. Wierschem first spoke to Decedent, Decedent was “standing still, in clear

view, completely unconcealed and uncovered, looking down, and slowly moving the gun away from his right temple to a few inches in front of his face with the muzzle pointed upwards towards the ceiling. . ..” (Doc. 17 at 6-7). According to Plaintiffs’ Complaint, Decedent was “not in a shooting position, and not ready to

shoot at the time Defendant Simmerman opened fire on him.” (Doc. 17 at 6). Officer Simmerman fired 15 rounds at Decedent, striking him at least six times and resulting in Decedent’s death. (Doc. 17 at 7). None of the Sikeston Police officers warned Decedent that they would use deadly force against him before firing. (Doc. 17 at 6).

Plaintiffs allege that Decedent “never threatened, took menacing actions towards, nor pointed his pistol at Defendant Simmerman, nor anyone else, at any time throughout this entire incident.” (Doc. 17 at 7). Plaintiffs also note that Sgt.

Wierschem stated that Decedent “never pointed [the pistol] at my direction” and that another officer later stated that Decedent “never pointed the weapon at us, he kept it to his head or he would put it down to his side and bring it back up to his head.” (Doc. 17 at 7).

Plaintiffs bring six counts: Excessive Use of Force in Violation of the Fourth and Fourteenth Amendments to the United States Constitution under 42 U.S.C. § 1983 against Defendant Simmerman (Count I); Wrongful Death under §

537.080(1), RSMo, against Defendant Simmerman (Count II); Battery under § 537.080(1), RSMo, against Defendant Simmerman (Count III); A Custom/Policy/Pattern/Practice of Excessive Use of Force in Violation of the Fourth and Fourteenth Amendments under 42 U.S.C. § 1983 against Defendant the

City of Sikeston (Count IV); Substantive Due Process Deprivation in Violation of the Fourteenth Amendment under 42 U.S.C. § 1983 against Defendant Simmerman (Count V); and A Custom/Policy/Pattern/Practice of Substantive Due Process Deprivations in Violation of the Fourteenth Amendment under 42 U.S.C. § 1983 against Defendant the City of Sikeston (Count VI).2

EVENTS DEPICTED ON VIDEO Defendants Simmerman and the City of Sikeston filed a motion to dismiss on the bases of qualified immunity and official immunity. Along with their motion

to dismiss, Defendants filed three videos from the body-worn cameras of officers at the scene. (Exs. A, B, C). The three video exhibits depict the following events. As soon as Sgt. Wierschem arrived in the parking lot, a bystander informed him of a “crazy guy with a gun.” Ex. A. at 00:40. Sgt. Wierschem approached

Decedent’s location and allowed two other attendees of the meeting to exit the room. Ex. A at 01:40-01:50. Upon first contact with Decedent, Sgt. Wierschem told Decedent to put the

gun down multiple times; instead, Decedent pointed the gun at the ceiling before pointing it at his right temple. Ex. A. at 01:50. Decedent refused to put the gun down and warned Sgt. Wierschem, “It doesn’t have a safety on it.” Ex. A. at 02:00. Decedent then offered to put the gun down if the police contacted the local news.

Ex. A. at 02:20.

2 In their Memorandum in Opposition to Defendants’ Motion to Dismiss, Plaintiffs ask this Court to dismiss Counts V and VI without prejudice. (Doc. 25 at 20). For the reasons explained herein, Defendants are entitled to qualified immunity on all of Decedent’s § 1983 claims. Pursuant to Plaintiffs’ request and based on qualified immunity, this Court therefore dismisses Counts V and VI with prejudice. For the next few minutes, Sgt. Wierschem attempted to negotiate with Decedent. Ex. A. at 02:20-04:48. At approximately 7:49:30 p.m., Decedent moved

behind a wall in the meeting hall. Decedent was obscured from view and sporadically peeked out from behind the wall. Ex. A at 04:48. The firearm possessed by Decedent was not visible at this time. Ex. A. at 04:48.

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