Missouri Court of Appeals, Southern District / Apr 29, 2024
ACLU OF MISSOURI and LUZ MARIA HENRIQUEZ, Appellants vs. MARIES COUNTY SHERIFF'S OFFICE, Respondent
ACLU of Missouri and Luz Maria Henriquez appealed the dismissal of their Sunshine Law petition against the Maries County Sheriff's Office. The trial court dismissed the petition without prejudice, finding the Sheriff's Office was not an entity that could sue or be sued, and denied leave to amend the petition to name the Sheriff. The appellate court vacated the judgment and remanded with instructions, holding that the trial court abused its discretion by denying leave to amend without a justifying reason, especially since the proposed amendment would relate back and the Sheriff had notice of the action.