Swiish, LLC. et al v. Nixon et al
| Swiish, LLC., Corey Nickson-Clark and Chantelle Nickson-Clark |
| Jay Nixon, Ronald K. Replogle, Missouri Highway Patrol, City of Jennings, Missouri, City of Ferguson, Missouri, and St. Louis County |
| 4:2014cv02089 |
| December 22, 2014 |
| US District Court for the Eastern District of Missouri |
| St. Louis Office |
| St. Louis - County |
| Charles A. Shaw |
| Other Civil Rights |
| 42 U.S.C. ยง 1983 |
| Both |
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Filing
25
MEMORANDUM AND ORDER -....IT IS HEREBY ORDERED that defendants Nixon, Replogle, and Missouri State Highway Patrol's Motions to Dismiss, construed as motions pursuant to Rule 12(b)(1), Fed. R. Civ. P., are GRANTED as to plaintiffs' claims under 42 U.S.C. § 1983, and those claims are DISMISSED for lack of subject matter jurisdiction based on Eleventh Amendment immunity and lack of ripeness. [Docs. 5,7,9] IT IS FURTHER ORDERED that on the Court's own motion, plaintiffs' claims against defendants City of Ferguson, City of Jennings, and St. Louis County under 42 U.S.C. § 1983 areDISMISSED for lack of ripeness. IT IS FURTHER ORDERED that defendant City of Ferguson's Motion to Dismiss is DENIED as moot, without prejudice. [[Doc. 18] IT IS FURTHER ORDERED that plaintiffs' state law claims will be remanded to the Circuit Court for the County of St. Louis, State of Missouri, from which this case was removed. An appropriate order of partial dismissal and remand will accompany this Memorandum and Order.. Signed by District Judge Charles A. Shaw on 2/27/2015. (MRC)
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