Missouri Court of Appeals, Eastern District / Jul 29, 2025
Michael J. Holmes, Appellant, vs. Kenneth Zellers, Andrew Bailey, Mayor Tishaura Jones, Bettye Battle-Turner, Richard Gray, Thomas Irwin, Erwin Switzer, Francis Slay, and City of St. Louis, Respondents.
Michael Holmes, whose federal drug convictions were vacated due to police misconduct, obtained a $2.5 million civil rights judgment against the involved officers. He then sought a declaratory judgment that either the State or the City of St. Louis was obligated to indemnify the officers and pay the judgment, with the claim against the City previously remanded by the Supreme Court. The trial court granted summary judgment for the City, but the appellate court reversed that decision. The appellate court granted summary judgment for Holmes, holding that the Board of Police Commissioners, whose obligations the City inherited, had agreed to indemnify the officers through its policy and actions, thereby compelling the City to pay the judgment.