DISCLAIMER: The following unofficial case summaries are prepared by the clerk's office
as a courtesy to the reader. They are not part of the opinion of the court.
113112P.pdf 05/10/2013 Jane Doe I v. Jeremiah J. Nixon
U.S. Court of Appeals Case No: 11-3112
and No: 11-3114
and No: 11-3213
U.S. District Court for the Eastern District of Missouri - St. Louis
[PUBLISHED] [Wollman, Author, with Riley, Chief Judge, and
Melloy, Circuit Judge]
Civil case - Attorneys' fees. The district court's October 27, 2008
order granting a stay of Missouri's "Halloween Statute" concerning sex
offenders' participation in Halloween activities never provided judicial
relief because the order was stayed by this court, and, as a result, the
district court order could not confer prevailing party status on plaintiffs;
district court order dismissing the plaintiffs' case as moot did not confer
prevailing party status on them; since neither basis identified by the
plaintiffs confers prevailing party status on them, the district court's
award of attorneys' fees and costs to plaintiffs under Section 1988 is set
aside, and their appeal of the district court's order reducing their fees is
dismissed as moot; plaintiffs' fear of arrest and prosecution under the
Halloween statute is speculative and hypothetical and there is no
reasonable expectation that a prosecution based upon such arrest will
occur, and the district court did not err in determining plaintiffs lacked
standing and in dismissing their second amended complaint for lack of
subject matter jurisdiction.