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IN THE UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF MISSOURI
EASTERN DIVISION
)
LI NDA SCHROEDER, )
)
Plaintiff, )
)
v. ) No. 4:07-CV-01661-SNLJ
)
CI TY OF BYRNES MILL, MISSOURI , ) J URY TRIAL DEMANDED
EDWARD LOCKE, SR., )
)
)
Defendants. )
)
FIRST AMENDED COMPLAINT
I ntr oductor y Statement
1. This is a civil action by Plaintiff LI NDA SCHROEDER for damages against
the CI TY OF BYRNES MI LL, MI SSOURI, and its Chief of Police, EDWARD LOCKE, SR.
The CI TY OF BYRNES MI LL and MR. LOCKE deprived Plaintiff of her First, Fourth,
and Fourteenth Amendment rights when they retaliated against her for exercising her
right to free speech and when they seized her car.
J ur isdi cti on
2. This action is brought pursuant to 42 U.S.C. Sections 1983 and 1988 for
deprivation of rights secured by the First, Fourth, and Fourteenth Amendments to the
United States Constitution. The Court has jurisdiction of this action under 42 U.S.C.
Section 1983, 28 U.S.C. Section 1343 and 28 U.S.C. Section 1331.
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Par ti es
3. Plaintiff LI NDA SCHROEDER is a citizen and resident of the County of
J efferson, State of Missouri, and the United States of America.
4. At all times referred to herein, Defendant CI TY OF BYRNES MI LL,
MI SSOURI [hereinafter the CI TY or the Defendant CI TY ] is and was a municipal
corporation, a city of the fourth class, organized and existing in accordance with the
laws of the State of Missouri.
5. At all times referred to herein, Defendant EDWARD LOCKE, SR.
[hereinafter CHI EF LOCKE or Defendant LOCKE ] is and was the Chief of Police for
Defendant CITY OF BYRNES MI LL, MI SSOURI . Defendant Locke is sued in his
individual and official capacities.
Facts
6. On or about J anuary 3, 2007, CHI EF LOCKE conducted a traffic stop of
LI NDA SCHROEDER, who was driving her car on Highway 30. Plaintiff was
accompanied by her nephew, Michael Hill.
7. Plaintiff had committed no violation of the law.
8. CHI EF LOCKE informed Plaintiff that he was going to give her a verbal
warning for allegedly driving unlawfully in the left lane.
9. Plaintiff verbally challenged CHI EF LOCKE, questioning among other
things whether she had committed a violation of law.
10. CHI EF LOCKE informed Plaintiff that because she was being
argumentative, he was going to issue her a Uniform Citation and Summons, instead of a
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verbal warning.
11. CHI EF LOCKE issued Plaintiff a Uniform Citation and Summons alleging
that Plaintiff had unlawfully driven in the left lane.
12. Plaintiff would not sign the summons and complaint.
13. CHI EF LOCKE then affected a custodial arrest of Plaintiff and informed her
that her car would be towed.
14. Plaintiff informed CHI EF LOCKE that her nephew was a licensed driver, an
insured driver on her vehicle and that she was desirous of having her nephew take
charge of the car.
15. CHI EF LOCKE declined to allow Michael Hill to take control of the car and
instead called for a tow-truck.
16. The policymaker for matters of law enforcement in the CI TY is CHI EF
LOCKE.
17. At all times relevant to this action, it was the policy, custom, or practice of
the CI TY to tow the vehicle of every person who is arrested for a traffic offense or who is
arrested in the context of a car stop.
18. At all times relevant to this action, it was the policy, custom, and practice of
the CI TY to tow the vehicle of each arrestee without regard for the desire of the
owner/ operator of the car and without probable cause to believe that either the car was
used in the commission of a crime or contains contraband. Defendant thereby
committed a violation of the Fourth and Fourteenth Amendments to the United States
Constitution.
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CAUSES OF ACTION
COUNT I
UNLAWFUL SEIZURE
BY DEFENDANT EDWARD LOCKE, SR.,
AND DEFENDANT CITY OF BYRNES MILL
COGNIZABLE UNDER 42 U.S.C. 1983
For her cause of action against Defendant BYRNES MI LL and Defendant LOCKE
in Count I , Plaintiff states:
19. By this reference, Plaintiff incorporates each and every allegation and
averment contained in paragraphs 1 through 18 of this Complaint as though fully set
forth herein.
20. As a direct and proximate result of her vehicle being towed, Plaintiff
suffered damages in the form of a tow fees, pain of the mind, fear, and emotional
distress.
21. I f Plaintiff prevails, she is entitled to an award of attorney fees pursuant to
42 U.S.C. 1988.
WHEREFORE, Plaintiff prays for judgment against Defendant EDWARD
LOCKE, SR., and Defendant CI TY OF BYRNES MILL, MISSOURI , for compensatory
damages in an amount which is fair and reasonable, punitive damages (against
Defendant EDWARD LOCKE, SR.), plus costs of this action, attorneys fees and such
other relief as the Court deems fair and appropriate under the circumstances.
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COUNT II
FIRST AMENDMENT RETALIATION
BY DEFENDANT EDWARD LOCKE, SR.,
AND DEFENDANT CITY OF BYRNES MILL
COGNIZABLE UNDER 42 U.S.C. 1983
For her cause of action against Defendant BYRNES MI LL and Defendant LOCKE
in Count I I , Plaintiff states:
22. By this reference, Plaintiff incorporates each and every allegation and
averment contained in paragraphs 1 through 21 of this Complaint as though fully set
forth herein.
23. Plaintiff s rights under the First and Fourteenth Amendments to the U.S.
Constitution were violated when CHIEF LOCKE issued Plaintiff a citation for engaging
in constitutionally protected free speech.
24. Plaintiff engaged in one or more acts of speech protected by the First and
Fourteenth Amendments.
25. I n response to these acts of speech, CHI EF LOCKE issued Plaintiff a
citation.
26. Plaintiff s acts of speech were substantial or motivating factors in the
decision of CHI EF LOCKE to issue Plaintiff a citation.
27. The actions of CHI EF LOCKE deterred Plaintiff from continuing to exercise
her right of free speech.
28. As a direct and proximate result of being issued a citation and arrested,
Plaintiff suffered damages, including the loss of her liberty, the cost of defending against
the citation, tow fees, pain of the mind, fear, and emotional distress.
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29. I f Plaintiff prevails, she is entitled to an award of attorney fees pursuant to
42 U.S.C. 1988.
WHEREFORE, Plaintiff prays for judgment against Defendant EDWARD
LOCKE, SR., and Defendant CI TY OF BYRNES MI LL, MI SSOURI , for compensatory
damages in an amount which is fair and reasonable, punitive damages (against
Defendant EDWARD LOCKE, SR.), plus costs of this action, attorneys fees and such
other relief as the Court deems fair and appropriate under the circumstances.
Respectfully submitted this
12
th
day of November 2008
_ / s/ Steven J . Gunn_
Steven J . Gunn, Fed. Reg. No. 504800
Stephen M. Ryals, Fed. Reg. No. 10602
RYALS & BREED, P.C.
3120 Locust Street
St. Louis, Missouri 63103
Telephone: (314) 862-6262
Facsimile: (314) 880-2027
Email: sjgunn37@gmail.com
Attorneys for Plaintiff
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CERTIFICATE OF SERVICE
I hereby certify that on this 12
th
day of November 2008, the foregoing was filed
electronically with the Clerk of Court to be served by operation of the Courts electronic
filing system to all parties and counsel of record.
_ / s/ Steven J . Gunn
Steven J . Gunn, # 504800
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