163650P.pdf   08/07/2017  Ronald Calzone  v.  Josh Hawley
   U.S. Court of Appeals Case No:  16-3650
   U.S. District Court for the Eastern District of Missouri - St. Louis   
   [PUBLISHED] [Colloton, Author, with Benton, Circuit Judge and Gerrard, 
   District Judge] 
   Civil Case - civil rights. In challenge to Mo. Rev. Stat. sec. 304.230.1, 
   .2 and .7, authorizing roving stops of commercial vehicles for inspection 
   without probable cause, Calzone lacks standing to sue the governor or 
   attorney general, but has standing to sue the superintendent of the 
   Missouri state highway patrol under 42 U.S.C. sec. 1983 for injunctive and 
   declaratory relief. The facial challenge fails because the statute may be 
   applied constitutionally to participants in the commercial trucking 
   industry under New York v. Burger, 482 U.S. 691 (1987). The district 
   court's dismissal of the as-applied challenge against the superintendent 
   for money damages is affirmed, because the superintendent in her official 
   capacity is not a person under section 1983. The district court erred in 
   dismissing the as-applied claims against the superintendent for 
   declaratory and injunctive relief and the case is remanded for further 
   proceedings to address whether Calzone is a covered farm vehicle under 
   federal law, whether Missouri's law incorporates the federal regulations, 
   and whether exemptions under federal and state law apply.