Terry Gene Gooch v. Jerry Hudgens, Sr., et al.

CourtDistrict Court, E.D. Missouri
DecidedNovember 18, 2025
Docket1:25-cv-00038
StatusUnknown

This text of Terry Gene Gooch v. Jerry Hudgens, Sr., et al. (Terry Gene Gooch v. Jerry Hudgens, Sr., 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
Terry Gene Gooch v. Jerry Hudgens, Sr., et al., (E.D. Mo. 2025).

Opinion

EASTERN DISTRICT OF MISSOURI SOUTHEASTERN DIVISION

TERRY GENE GOOCH, ) ) Plaintiff, ) ) v. ) No. 1:25-cv-38-SRW ) JERRY HUDGENS, SR., et al., ) ) Defendants. )

MEMORANDUM AND ORDER This matter is before the Court on self-represented Plaintiff Terry Gooch’s submission of an amended complaint. ECF No. 6. For the reasons discussed below, the Court will order Plaintiff to file another amended complaint. Legal Standard on Initial Review To state a claim, a plaintiff must demonstrate a plausible claim for relief, which is more than a “mere possibility of misconduct.” Ashcroft v. Iqbal, 556 U.S. 662, 679 (2009). “A claim has facial plausibility when the plaintiff pleads factual content that allows the court to draw the reasonable inference that the defendant is liable for the misconduct alleged.” Id. at 678. Determining whether a complaint states a plausible claim for relief is a context-specific task that requires the reviewing court to draw upon judicial experience and common sense. Id. at 679. The court must “accept as true the facts alleged, but not legal conclusions or threadbare recitals of the elements of a cause of action, supported by mere conclusory statements.” Barton v. Taber, 820 F.3d 958, 964 (8th Cir. 2016). See also Brown v. Green Tree Servicing LLC, 820 F.3d 371, 372- 73 (8th Cir. 2016) (stating that the court must accept factual allegations in complaint as true, but is not required to “accept as true any legal conclusion couched as a factual allegation”).

−1− must give it the benefit of a liberal construction. Haines v. Kerner, 404 U.S. 519, 520 (1972). A

“liberal construction” means that if the essence of an allegation is discernible, the district court should construe the plaintiff’s complaint in a way that permits his or her claim to be considered within the proper legal framework. Solomon v. Petray, 795 F.3d 777, 787 (8th Cir. 2015). However, even self-represented complaints are required to allege facts which, if true, state a claim for relief as a matter of law. Martin v. Aubuchon, 623 F.2d 1282, 1286 (8th Cir. 1980). See also Stone v. Harry, 364 F.3d 912, 914-15 (8th Cir. 2004) (stating federal courts are not required to “assume facts that are not alleged, just because an additional factual allegation would have formed a stronger complaint”). In addition, affording self-represented complaints the benefit of a liberal construction does not mean that procedural rules in ordinary civil litigation must be

interpreted so as to excuse mistakes by those who proceed without counsel. See McNeil v. United States, 508 U.S. 106, 113 (1993). Background The Court reviewed Plaintiff’s original complaint on June 5, 2025. ECF No. 5. Plaintiff brought this civil rights action pursuant to 42 U.S.C. § 1983 against 13 defendants, all of whom were police officers employed by the City of Caruthersville Police Department, Pemiscot County Sherriff’s Department, or the City of Hayti Police Department. ECF No. 1. He did not identify capacity for any of the defendants. Plaintiff’s primary claim stemmed from his arrest on September 28, 2023. Id. at 6. Plaintiff admitted he was involved in a police chase, and he crashed his vehicle. He alleges that

some defendants damaged his vehicle, others pulled him by the hair out of the vehicle, others put their knees on his neck, and one defendant punched him in the mouth. Id. Plaintiff then detailed

−2− violations with any of the named defendants.

On June 5, 2025, the Court ordered Plaintiff to file an amended complaint. ECF No. 5. The Court explained that Plaintiff needed to identify whether he was bringing this action against the defendants in their individual or official capacities. Id. at 6. The Court also explained that Plaintiff could not bring unrelated claims against unrelated defendants, and needed to either pursue one transaction or occurrence, or one defendant. Id. The Court directed Plaintiff on how to file an amended complaint, including how to format his statement of claim. Id. Plaintiff was explicitly directed to write each defendant’s name and “set forth the factual allegations supporting his claim against that defendant.” Id. Plaintiff was directed to make specific allegations against a defendant to avoid dismissal of that defendant. Id. at 7.

Amended Complaint On July 7, 2025, Plaintiff filed his amended complaint against nine defendants related to his arrest on September 28, 2023. ECF No. 6. He indicates that he is suing each defendant in both their official and individual capacities. He alleges “all officers for Pemiscot County Sherriffs [sic] Department or Caruthersville Police Department, Pemiscot County Missouri, actively employed as officers on September 28th, 2023 at 5:30pm, used excessive force, cruel and unusual punishment, ignored their oath to protect by denying me medical treatment, while observing injuries and ignoring my requests for treatment, put my life in danger and caused long term effects.” Id. at 7. Plaintiff writes his Statement of Claim in a single page-long run on sentence, which is difficult to read and, at times, illegible.

Plaintiff provides no details around what led up to his arrest. He simply begins, without pretext, stating that Defendants Jacob Farmer and Jerry Hudgens Jr. “had me by the hair, neck,

−3− also alleges that Defendants Chad Nixon and Hayden Bridges stood on the hood of the car and

“stomped the windshield into my face.” Id. There is no mention if this caused Plaintiff any injuries, and this is the only mention of these two defendants. Plaintiff states that while he was being pulled from the car, Defendant Farmer put his knee on Plaintiff’s neck. Id. It is unclear if Plaintiff was still in the car during this portion of the altercation, or if he was still being moved from the car, or if he was on the ground. It is unclear if Plaintiff is alleging any harm because of having Defendant Farmer’s knee on his neck. Plaintiff states that while he was being pulled from the car, Defendants Tony Jones, Dustin Fitzwater, Jerry Hudgens Sr., and Bryan Burgess began hitting and kicking him. Again, it is unclear if Plaintiff was out of the car or not. He does not say where on his body he was hit or kicked, nor

does he describe any injuries that he felt during this part of the arrest. Then Defendant Farmer moved out of the way, and Defendant Mike Coleman put his knee on Plaintiff’s neck and hit Plaintiff. It is unclear where on Plaintiff’s body he was hit or if he alleges any injuries from this hit. Plaintiff then claims he “advised all officers I had broken feet before this and that now they hurt worse along with my neck and mouth…” Id. Defendant Coleman told Plaintiff to shut up and “made” Plaintiff stand and “walk on broken feet.” Id. An unidentified officer approached Plaintiff and asked if he needed an ambulance. Id. Without a clear referent, Plaintiff says, “he stated ‘this bitch is not getting any type of treatment’….” Id. Plaintiff was then placed in Coleman’s patrol SUV, and “Coleman got into drivers side punched me in the mouth….” Id. Plaintiff was then taken to jail where he did not receive further treatment. Id.

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Related

Haines v. Kerner
404 U.S. 519 (Supreme Court, 1972)
McNeil v. United States
508 U.S. 106 (Supreme Court, 1993)
Swierkiewicz v. Sorema N. A.
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Ashcroft v. Iqbal
556 U.S. 662 (Supreme Court, 2009)
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James Solomon v. Deputy U.S. Marshal Thomas
795 F.3d 777 (Eighth Circuit, 2015)
Ellison Ex Rel. Estate of Ellison v. Lesher
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Raymond L. Brown v. Green Tree Servicing LLC
820 F.3d 371 (Eighth Circuit, 2016)
Barton Ex Rel. Estate of Barton v. Taber
820 F.3d 958 (Eighth Circuit, 2016)
Dustin Burnikel v. Michael Fong
886 F.3d 706 (Eighth Circuit, 2018)
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Bluebook (online)
Terry Gene Gooch v. Jerry Hudgens, Sr., et al., Counsel Stack Legal Research, https://law.counselstack.com/opinion/terry-gene-gooch-v-jerry-hudgens-sr-et-al-moed-2025.