Tashonda Troupe v. St. Louis County, Missouri et al.

CourtDistrict Court, E.D. Missouri
DecidedApril 20, 2026
Docket4:20-cv-01790
StatusUnknown

This text of Tashonda Troupe v. St. Louis County, Missouri et al. (Tashonda Troupe v. St. Louis County, Missouri et al.) 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
Tashonda Troupe v. St. Louis County, Missouri et al., (E.D. Mo. 2026).

Opinion

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MISSOURI EASTERN DIVISION

TASHONDA TROUPE, ) ) Plaintiff, ) ) v. ) Case No. 4:20-cv-01790-SRC ) ST. LOUIS COUNTY, MISSOURI et ) al., ) ) Defendants. )

Memorandum and Order Dr. Dawn Davis—previously Physician Doe—moves to dismiss Tashonda Troupe’s claims as barred by applicable statutes of limitations. Troupe invokes the doctrines of relation back, fraudulent concealment, and equitable estoppel to bar the application of the statutes of limitations. The Court finds that Troupe cannot prevail and therefore dismisses Dr. Davis. I. Background A. Factual background The facts and procedural history relevant to Dr. Davis’s Motion to Dismiss are brief. On December 17, 2020, Troupe filed this lawsuit against numerous defendants for the death of her son, Lamar Catchings, at the St. Louis County Justice Center. See generally doc. 1. In her Complaint, Troupe made allegations against St. Louis County and various corrections officers, among others, see generally id., and against “Physician Doe,” id. at ¶¶ 218–28, 275–311. She alleges that Physician Doe “succeeded Mary Hastings as Defendant St. Louis County’s Chief of Medical Services, Corrections Medicine” and issued various standing orders. Id. at ¶¶ 70–71. After Troupe amended her Complaint a few times without yet identifying Physician Doe, see generally docs. 10, 29, Judge Rodney W. Sippel issued a show-cause order in November 2021 asking why the Court should not dismiss Physician Doe for untimely service, doc. 63. About a year later, Judge Sippel dismissed Physician Doe for lack of timely service. Doc. 86. After Judge Sippel dismissed Troupe’s federal claims against all parties except Anthony Young, see doc. 70 at 55–56, Troupe and Young achieved a settlement and dismissed the case,

docs. 171–72. Troupe then appealed Judge Sippel’s dismissal order to the Eighth Circuit, doc. 174, and post-remand, docs. 179–80, filed her Fourth Amended Complaint, doc. 201. In this complaint, Troupe alleges section 1983, doc. 201 at ¶¶ 303–26, and wrongful- death, id. at ¶¶ 327–37, claims against Physician Doe—now identified as Dr. Dawn Davis. Troupe claims that the County provided “jail medical records” that “misidentified Mary Hastings as the author of the standing order, and not [Dr.] Davis,” id. at ¶ 64, and says that she would have named Dr. Davis in her previous pleadings “but for the County’s misidentification.” Id. at ¶ 62; see also doc. 194-3; doc. 194-4. Troupe avers that neither Dr. Davis nor the County “inform[ed] [her] that the medical records were incorrect and that [Dr.] Davis was responsible for the standing order.” Doc. 201 at ¶ 66. Troupe also alleges that Catchings died either on February

28, 2019, or March 1, 2019. Compare id. at ¶¶ 31–32 with id. at ¶¶ 145, 309. II. Standard Under Federal Rule of Civil Procedure 12(b)(6), a party may move to dismiss a claim for “failure to state a claim upon which relief can be granted.” Fed. R. Civ. P. 12(b)(6). The pleading standard of Rule 8(a)(2) requires a plaintiff to give “a short and plain statement . . . showing that the pleader is entitled to relief.” Fed. R. Civ. P. 8(a)(2). To meet this standard and to survive a Rule 12(b)(6) motion to dismiss, “a complaint must contain sufficient factual matter, accepted as true, to ‘state a claim to relief that is plausible on its face.’” Ashcroft v. Iqbal, 556 U.S. 662, 678 (2009) (quoting Bell Atl. Corp. v. Twombly, 550 U.S. 544, 570 (2007)). This requirement of facial plausibility means the factual content of the plaintiff’s allegations must “allow[] the court to draw the reasonable inference that the defendant is liable for the misconduct alleged.” Whitney v. Guys, Inc., 700 F.3d 1118, 1128 (8th Cir. 2012) (quoting Iqbal, 556 U.S. at 678). The Court must grant all reasonable inferences in favor of the

nonmoving party. Lustgraaf v. Behrens, 619 F.3d 867, 872–73 (8th Cir. 2010). When ruling on a motion to dismiss, a court “must liberally construe a complaint in favor of the plaintiff.” Huggins v. FedEx Ground Package Sys., Inc., 592 F.3d 853, 862 (8th Cir. 2010). But if a claim fails to allege one of the elements necessary to recover on a legal theory, the Court must dismiss that claim for failure to state a claim upon which relief can be granted. See Crest Constr. II, Inc. v. Doe, 660 F.3d 346, 355 (8th Cir. 2011). “Threadbare recitals of the elements of a cause of action, supported by mere conclusory statements, do not suffice.” Iqbal, 556 U.S. at 678 (citing Twombly, 550 U.S. at 555). Nor does a “pleading that merely pleads ‘labels and conclusions,’ or a ‘formulaic recitation’ of the elements of a cause of action, or ‘naked assertions’ devoid of factual enhancement” suffice. Hamilton v. Palm, 621 F.3d 816,

817–18 (8th Cir. 2010) (quoting Iqbal, 556 U.S. at 678). Although courts must accept all factual allegations as true, they are not bound to take as true a legal conclusion couched as a factual allegation. Twombly, 550 U.S. at 555; Iqbal, 556 U.S. at 677–78. “While courts primarily consider the allegations in the complaint in determining whether to grant a Rule 12(b)(6) motion, courts additionally consider matters incorporated by reference or integral to the claim, items subject to judicial notice, matters of public record, orders, items appearing in the record of the case, and exhibits attached to the complaint whose authenticity is unquestioned . . . without converting the motion into one for summary judgment.” Zean v. Fairview Health Servs., 858 F.3d 520, 526 (8th Cir. 2017) (citation omitted). “As a general rule, ‘the possible existence of a statute of limitations defense is not ordinarily a ground for Rule 12(b)(6) dismissal unless the complaint itself establishes the defense.’” Joyce v. Armstrong Teasdale, LLP, 635 F.3d 364, 367 (8th Cir. 2011) (citation omitted). “Thus, in order to prevail on its statute of limitations defense, [the defendant] has to

prove [plaintiff’s] cause of action accrued” beyond the limitations period. Id. at 368. III. Discussion Missouri law provides a five-year statute of limitations for personal injuries. See Mo. Rev. Stat. § 516.120(4). The Eighth Circuit has found that “the Missouri five-year personal injury statute of limitations applies to . . . section 1983 action[s].” Chandler v. Presiding Judge, 838 F.2d 977, 978–79 (8th Cir. 1988); see also Walker v. Barrett, 650 F.3d 1198, 1205–06 (8th Cir. 2011). And “[e]very [wrongful-death] action . . . shall be commenced within three years after the cause of action shall accrue.” Mo. Rev. Stat. § 537.100.1. Dr. Davis argues that, because Mr.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Bailey v. Glover
88 U.S. 342 (Supreme Court, 1875)
Holmberg v. Armbrecht
327 U.S. 392 (Supreme Court, 1946)
Bell Atlantic Corp. v. Twombly
550 U.S. 544 (Supreme Court, 2007)
Ashcroft v. Iqbal
556 U.S. 662 (Supreme Court, 2009)
Lustgraaf v. Behrens
619 F.3d 867 (Eighth Circuit, 2010)
Hamilton v. Palm
621 F.3d 816 (Eighth Circuit, 2010)
Joyce v. Armstrong Teasdale, LLP
635 F.3d 364 (Eighth Circuit, 2011)
Walker v. Barrett
650 F.3d 1198 (Eighth Circuit, 2011)
Chandler v. Presiding Judge
838 F.2d 977 (Eighth Circuit, 1988)
Crest Construction II, Inc. v. Doe
660 F.3d 346 (Eighth Circuit, 2011)
Joseph H. Whitney v. The Guys, Inc.
700 F.3d 1118 (Eighth Circuit, 2012)
Huggins v. FedEx Ground Package System, Inc.
592 F.3d 853 (Eighth Circuit, 2010)
M & D ENTERPRISES, INC. v. Wolff
923 S.W.2d 389 (Missouri Court of Appeals, 1996)
Batek v. Curators of the University of Missouri
920 S.W.2d 895 (Supreme Court of Missouri, 1996)
Frazee v. Partney
314 S.W.2d 915 (Supreme Court of Missouri, 1958)
Samuel Zean v. Fairview Health Services
858 F.3d 520 (Eighth Circuit, 2017)
Jennifer Heglund v. City of Grand Rapids
871 F.3d 572 (Eighth Circuit, 2017)
Boland v. Saint Luke's Health System, Inc.
471 S.W.3d 703 (Supreme Court of Missouri, 2015)

Cite This Page — Counsel Stack

Bluebook (online)
Tashonda Troupe v. St. Louis County, Missouri et al., Counsel Stack Legal Research, https://law.counselstack.com/opinion/tashonda-troupe-v-st-louis-county-missouri-et-al-moed-2026.