DISCLAIMER: The following unofficial case summaries are prepared by the clerk's office
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103467P.pdf 03/09/2012 L.L. Nelson Enterprises, Inc. v. County of St. Louis, Missouri
U.S. Court of Appeals Case No: 10-3467
U.S. District Court for the Eastern District of Missouri - St. Louis
[PUBLISHED] [Colloton, Author, with Chief Judge Riley and
Gruender, Circuit Judges]
Civil Case - civil rights. Dismissal of amended complaint alleging
violations of constitutional rights and seeking declaratory and injunctive
relief is affirmed as to all defendants and claims except claim of
retaliation against Laurie Main. Payment of a bribery demanded by
public official does not raise a due process or takings clause violation or
violate the equal protections clause. District court erred in dismissing
retaliation claim, as Landlords Moving engaged in protected activity, an
adverse action sufficient to chill a person of ordinary firmness was plead,
and allegations supported an inference that Main knew of protected
activity and acted with retaliatory motive. Complaint did not adequately
allege First Amendment claim against other defendants. Intimidation
claim under section 1985 failed because all co-conspirators were county
employees acting within the scope of their employment. Declaratory
judgment act claim was properly dismissed.