Pack v. City of Saint Ann

CourtDistrict Court, E.D. Missouri
DecidedMay 14, 2025
Docket4:24-cv-01658
StatusUnknown

This text of Pack v. City of Saint Ann (Pack v. City of Saint Ann) 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
Pack v. City of Saint Ann, (E.D. Mo. 2025).

Opinion

EASTERN DISTRICT OF MISSOURI EASTERN DIVISION

RICHARD PACK, ) ) Plaintiff, ) ) vs. ) Case No. 4:24 CV 1658 CDP ) CITY OF SAINT ANN, et al., ) ) Defendants. )

MEMORANDUM AND ORDER

This matter is before the Court on motions to dismiss filed by defendants Missouri Highway Patrol Trooper Joseph Bondurant and the City of St. Ann. ECF 10, 22-1. Plaintiff, a self-represented litigant, opposes Trooper Bondurant’s motion. ECF 15, 16. Plaintiff did not file a timely opposition to the City’s motion. ECF 26 (ordering plaintiff to file an opposition to City’s motion to dismiss by April 4, 2025). However, on April 28, 2025, plaintiff filed a two-page document claiming that this case “rests upon the judgment in his favor that was reached in the class action suit that the plaintiff withdrew from” and that the statute of limitations should be extended to 2028 because he did not discover the violation of his rights for four years. ECF 29. Although untimely filed, the Court has considered this filing as plaintiff’s opposition to the City’s motion to dismiss. For the reasons set forth below, defendants’ motions are granted and this case is dismissed. On December 9, 2024, plaintiff filed his complaint using the Court’s form complaint. He lists 42 U.S.C. § 1983, 28 U.S.C. § 2201, and the Fourth, Sixth, and Fourteenth Amendments to the United States Constitution as the provisions that are

at issue. ECF 1. His statement of claims section reads, in its entirety: 1.December 6, 2019 at approximately 23: 1 7 hours DEFENDANT Joseph BonDurant signals for PLAINTIFF Richard Pack to pull over near mile- marker 235 on Eastbound Highway i70.

2. DEFENDANT states that PLAINTIFF exceeded the speed limit and failed to signal while turning.

3. PLAINTIFF was calm and cooperative at all times.

4. DEFENDANT asked the PLAINTIFF where he was coming from . PLAINTIFF responded, "I am coming from work." DEFENDANT asked for the location of the PLAINTIFF's work. When PLAINTIFF refused to disclose his place of business the DEFENDANT became upset and commanded the PLAINTIFF to step out of the automobile where he was placed in handcuffs.

5. DEFENDANT stated something to the affect of, “We could have done things the easy way but now we're going to do things the hard way because you have a warrant.”

6. PLAINTIFF was placed under arrest and transported along with a portion of his property to the Saint Ann Jail, without being shown a warrant of any kind, where he spent an unknown period of time before being released.

7. PLAINTIFF was then forced to walk approximately 3 miles back to his automobile which had been left on the shoulder of the interstate. It is important to note that the PLAINTIFF made multiple requests to follow the DEFENDANT to the police station so that his equipment would be safe and his automobile not left on the side of the interstate. The automobile did not 2 rational requests by the PLAINTIFF were denied by the DEFENDANT. It is also important to note that this incident occurred late at night and early morning in December and it was very cold. This caused the PLAINTIFF a great deal of uneccesary pain and discomfort as he was not prepared for a 3 mile hike in the dark carrying fragile equipment.

8. The PLAINTIFF was released without seeing a Judge or Magistrate but was given a court date for the alleged warrant and citations for the alleged offenses that were the initial cause for the confrontation.

9. To add insult to injury the PLAINTIFF was en route to see his dying father in hospice who was expecting his only child (the PLAINTIFF) to visit late that night after work. The pain experienced by the PLAINTIFF and family when the PLAINTIFF could not show up and could not call or communicate about his absence resulted in damage that cannot be undone and the PLAINTIFF'S father died a short time following this incident. Furthermore, after demonstrating that no evidence existed showing the alleged arrest warrant was rightfully issued, all charges associated with the warrant were dropped against the PLAINTIFF showing that there was no need for any arrest and/or imprisonment in the first place.

10. Lastly, the citations issued concerning the initial cause for the confrontation were nowhere to be found on the docket on the morning of the court date.

ECF 1 (in original).1 He seeks $10,000 in damages for “loss of personal time, loss of precious and irreplaceable time with family and loved ones, pain and suffering, mental anguish and distress, and a minimal amount in lost wages due to multiple

1 Plaintiff filed, but then withdrew, an amended complaint because he inadvertently filed the amended complaint for another case (4:24 CV 1120 JAR) in this action. ECF 5, 7. Therefore, the original complaint is the operative complaint in this case, and all factual allegations contained therein appear above.

3 to and from.” ECF 1 at 8. Trooper Bondurant filed a motion to dismiss under Federal Rule of Civil Procedure 12(b)(6) on January 5, 2025. He seeks dismissal of the complaint as

barred by the applicable statute of limitations and asserts sovereign immunity as to any official capacity claims and qualified immunity as to any individual capacity claims. In opposition to dismissal, plaintiff clarifies that he brings only individual

capacity claims against Trooper Bondurant.2 He argues that under Haines v. Kerner, 404 U.S. 519 (1972), “[a] Pro Se Litigant’s claim cannot be dismissed for failure to state a claim upon which the court can grant relief.”3 ECF 16 at 1. Plaintiff contends that he has stated claims against Trooper Bondurant because he

opted out of a settled class action, Thomas, et al., v. City of St. Ann, 4:16CV1302 SEP. Plaintiff argues that Trooper Bondurant is not entitled to qualified immunity because he infringed on his right to travel and arrested him without a “lawfully

issued warrant.” ECF 16 at 4. Finally, plaintiff concedes that he missed the statute

2 He claims that Trooper Bondurant is an “individual proprietor” and not an agent of the State. ECF 15 at 2-3.

3 Haines v. Kerner does not stand for this proposition. While the Supreme Court in Haines clarified that allegations in pro se complaints are held to a “less stringent standard” compared to pleadings drafted by attorneys, the Court did not permit pro se litigants to completely avoid dismissal under Federal Rule of Procedure 12(b)(6) when a complaint’s allegations are insufficient to state a claim. Haines, 404 U.S. at 520–21.

4 untimely filing due to his confusion over his two cases (this case and the case before the Honorable Judge Ross, 4: 24 CV 1120 JAR) against the City. The City also moves to dismiss the case for failure to state a claim under

Federal Rule of Civil Procedure 12(b)(6) because plaintiff’s complaint is time- barred and contains no allegations of municipal liability. As stated above, plaintiff has not opposed the City’s motion to dismiss and his time for doing so has expired. Legal Standard

The purpose of a motion to dismiss under Rule 12(b)(6) is to test the legal sufficiency of the complaint. In ruling on such a motion, I must accept all factual allegations in the complaint as true and view them in the light most favorable to the

plaintiff. Hager v. Arkansas Dept. of Health, 735 F.3d 1009, 1013 (8th Cir. 2013).

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Pack v. City of Saint Ann, Counsel Stack Legal Research, https://law.counselstack.com/opinion/pack-v-city-of-saint-ann-moed-2025.