Missouri Court of Appeals, Eastern District / Feb 13, 2019
State of Missouri, ex rel., Kimberly M. Gardner, Circuit Attorney of the City of St. Louis, Relator, vs. Honorable Michael F. Stelzer, Circuit Judge, Division Six, Twenty-Second Circuit, Respondent.
Kimberly M. Gardner, Circuit Attorney, sought a writ of prohibition to prevent Judge Michael F. Stelzer from enforcing orders denying her motion to quash a subpoena and her motion to dismiss a police officer's motion for a temporary restraining order (TRO). The officer, John Doe, alleged he was placed on an "exclusion list" without explanation, harming his reputation and employment. The appellate court made its preliminary order in prohibition permanent, finding that Judge Stelzer abused his discretion because John Doe's TRO motion failed to state a cognizable cause of action for injunctive relief, rendering the subpoena invalid.