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BURTON v. ST. LOUIS BD. OF POLICE COM'RS

No. 12-2524.

731 F.3d 784 (2013)

Darryl BURTON, Plaintiff-Appellant v. ST. LOUIS BOARD OF POLICE COMMISSIONERS; Francis G. Slay, in his official capacity as a member of the St. Louis City Board of Police Commissioners; Michael Gerdine, in his official capacity as a member of the St. Louis City Board of Police Commissioners; Bettye Battle-Turner, in her official capacity as a member of the St. Louis City Board of Police Commissioners; Richard H. Gray, in his official capacity as a member of the St. Louis City Board of Police Commissioners; Don Cummings; Christopher Gunter; Stephen Hobbs; Daniel Nichols; Thomas Wilder, all in their official capacity and their individual capacity, Defendants-Appellees.

United States Court of Appeals, Eighth Circuit.

Filed: September 24, 2013.

Attorney(s) appearing for the Case

Michael Kanovitz , argued, Chicago, IL ( Michael Kanovitz , Chicago, IL, Brian McCallister , Kansas City, MO, on the brief), for Appellant.

Denise Garrison McElvein , AAG, argued, Saint Louis, MO, ( Denise Garrison McElvein , Karin A. Schute , AAG, Saint Louis, MO, on the brief), for Appellees.

Before MURPHY, SMITH, and GRUENDER, Circuit Judges.

SMITH, Circuit Judge.

Darryl Burton was convicted of the 1984 murder of Donald Ball in St. Louis, Missouri. Burton served 24 years in prison before a Missouri court found that his trial had been fundamentally unfair and ordered his release. Burton then filed this action in the district court1 against the members of the St. Louis Board of Police Commissioners and several law enforcement personnel...

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