Missouri Court of Appeals, Eastern District / Sep 17, 2024
City of St. Louis, Missouri, Appellant, vs. Ryan Bertels, et al., Respondents.
The City of St. Louis appealed the circuit court's summary judgment in favor of Ryan Bertels and Dana Hibbs, assistant attorneys general, on the City's professional malpractice claim. The City sought to recover $1.7 million paid in an underlying default judgment, arguing the attorneys failed to defend the Board of Police Commissioners. The appellate court affirmed the summary judgment for the attorneys, holding they were entitled to official immunity for their discretionary acts in deciding how to defend the Board. However, the court reversed the circuit court's order taxing costs against the City, finding no statutory authority to assess costs against a municipality.