182555P.pdf   07/26/2019  Charles Lewis  v.  Kimberly Gardner
   U.S. Court of Appeals Case No:  18-2555
   U.S. District Court for the Eastern District of Missouri - St. Louis   
   [PUBLISHED] [Arnold, Author, with Smith, Chief Judge, and Kelly, Circuit 
   Judge] 
   Civil case - Civil rights. In action alleging plaintiff's delayed release 
   from custody after charges were dismissed against him, the City of St. 
   Louis prosecuting attorney moved for summary judgment based on qualified 
   immunity; the question for determination is whether the city's prosecutors 
   must go beyond the filing of a nolle prosequi to ensure the release of a 
   person against whom no charges are pending; there is no authority for 
   placing such a responsibility on the prosecuting attorney or her office 
   and there was no basis for finding she had violated plaintiff's 
   constitutional rights; even assuming such a legal responsibility existed, 
   plaintiff had not actually alleged that the prosecutor had not satisfied 
   that responsibility; additionally, plaintiff's claim for 
   false-imprisonment against the prosecutor should also be dismissed as the 
   court's conclusion that the prosecutor was not personally involved in the 
   decision to delay plaintiff's release necessarily requires dismissal 
   since, under Missouri law, a claim for false imprisonment requires 
   personal involvement of the defendant.