213137P.pdf   01/19/2023  Khalea Edwards  v.  City of Florissant
   U.S. Court of Appeals Case No:  21-3137
   U.S. District Court for the Eastern District of Missouri - St. Louis   
   [PUBLISHED] [Loken, Author, with Kelly and Kobes, Circuit Judges] 
   Civil case - Civil rights. In this action plaintiffs alleged the City 
   police department had a custom or policy of declaring protests of police 
   misconduct to be unlawful assemblies and arresting persons who failed to 
   disperse, thereby violating their civil rights; the police power to 
   declare an unlawful assembly and order those assembled to disperse is 
   broader than violations of Missouri's criminal statutes; the alleged 
   customs of declaring unlawful assemblies and ordering protestors to 
   disperse in the absence of an agreement of one person acting in concert 
   with six or more persons to imminently violate a criminal law with force 
   or violence do not state a claim of constitutional injury under Monell; 
   thus the plaintiffs failed to plausibly allege a constitutional violation 
   by any city employee and therefore failed to state a claim of Monell 
   liability; nor did they plausibly allege that a policymaking official had 
   notice of or tacitly authorized the alleged unconstitutional conduct. 
   Judge Kelly, dissenting.