Professional Documents
Culture Documents
Opinion Favorable To The Landlords Read The Amended Original Complaint
Opinion Favorable To The Landlords Read The Amended Original Complaint
Thurs.10Mar2011
To be filed pdf format at Scribd and Slideshare, inc: MetroGangStrikeForce Files. re:
Excessive Force "takings" by Theft,Trespass,Treason of Sharons
DL,Car,Trailer,Propertys (13) in all
Death,Disability,Disparate,Discrimination,Disparagment of Realestate Titles and
Insurance.
However there is one such case that the landlords have held on for something like eight years now. After the
Federal Eighth CIrcuit Court of Appeals issued an opinion favorable to the landlords, the city of St Paul has
petitioned the US Supreme Court for review (link to petition for review). You can read the amended original
complaint that started this case here.
If the Supreme Court hears this case it will have a huge impact on all landlords who follow fair housing
practices, i.e. don’t reject tenants tenants simply because they are a different color, nationality, religion, etc than
their neighbors. One must really respect these property owners for the amount of sacrifice they have made to
get this far.
The case alleges that St Paul housing inspection programs were used in a racially motivated manner to force
racial minorities out of St Paul and that such actions violated the Fair Housing
Morris v. Bailey
Robert Bennett, Esq., Jeffrey S. Storms, Esq., and Andrew J. Noel, Esq., Flynn,
Gaskins & Bennett, Llp, Minneapolis, Mn, on behalf of Plaintiff.
Cheri M. Sisk, Esq., Assistant Saint Paul City Attorney, St. Paul, Mn, on behalf of
Defendant.
The opinion of the court was delivered by: Ann D. Montgomery U.S. District Judge
ORDER
On June 16, 2010, the undersigned United States District Judge heard oral argument
on Defendant Adam Bailey's ("Officer Bailey") Motion for Summary Judgment [Docket
No. 19]. Plaintiff Cosetta R. Morris ("Morris") has brought suit under 42 U.S.C. § 1983,
claiming a deprivation of her right under the Fourth and Fourteenth Amendments of the
United States Constitution to be free from excessive force.
To determine whether the force used was reasonable under the Fourth Amendment,
the Court is required to carefully balance "the nature and quality of the intrusion on the
individual's Fourth Amendment interests against the countervailing governmental
interests at stake." Graham v. Connor, 490 U.S. 386, 396 (1989) (quotations omitted).
Courts are to consider all the facts and circumstances of the particular case, "including
the severity of the crime at issue, whether the suspect poses an immediate threat to
the safety of the officers or others, and whether he is actively resisting arrest or
attempting to evade arrest by flight." Id. Genuine issues of material fact preclude the
Court from concluding, as a matter of law, that the force used by Officer Bailey was
reasonable under the totality of the circumstances, and, accordingly, summary
judgment on qualified immunity grounds is not warranted. Viewed in the light most
favorable to Morris, the evidence supports an inference that the information available to
Officer Bailey at the time of the incident suggested that Morris (1) had committed a
crime that was, relatively speaking, not severe and did not include the use of a
weapon; (2) did not pose an immediate threat to Officer Bailey's and his partner's
safety and posed only a low threat to the roommate; and (3) had not actively resisted
any physical efforts by the officers to control her. A reasonable jury, if it credits Morris's
version of the event, could find that Officer Bailey's use of an arm-bar technique was
unreasonable or, even if it was reasonable, that the force used to execute the
technique was excessive under the given circumstances.
For the reasons stated on the record at oral argument and summarized briefly here, IT
IS HEREBY ORDERED that Officer Bailey's Motion for Summary Judgment [Docket
No. 19] is DENIED.
20100616
6HWWOHPHQW
EHWZHHQWKH&LW\
)LOH 5(6 9HUVLRQ 1DPH RI6DLQW3DXODQG
&RVVHWWD50RUULV
7\SH 5HVROXWLRQ 6WDWXV 0D\RU
V2IILFH
,QFRQWURO &LW\&RXQFLO
)LQDODFWLRQ
$SSURYDORIWKHVHWWOHPHQWDJUHHPHQWDQGUHOHDVHEHWZHHQWKH&LW\RI6DLQW3DXO
7LWOH
DQG&RVHWWD50RUULV
6SRQVRUV 'DYH7KXQH
6HWWOHPHQW$JUHHPHQWDQG5HOHDVHSGI-XGJH
V$SSURYDOSGI)LQDQFLDO
$WWDFKPHQWV
$QDO\VLVSGI$GPLQLVWUDWLYH&RGHSGI
z +LVWRU\
z 7H[W
z UHFRUG
z *URXS
{ &OHDUVRUWLQJ
{ &OHDUJURXSLQJ
{ *URXSE\'DWH
{ *URXSE\$FWLRQ%\
z ([SRUW
{ ([SRUWWR([FHO
{ ([SRUWWR3')
{ ([SRUWWR:RUG
Title
Approval of the settlement agreement and release between the City of Saint Paul and Cosetta R.
Morris.
Body
RESOLVED, that upon execution and delivery of a release in full to the City of Saint Paul, the
proper City officers are hereby authorized and directed to pay out of the Tort Liability Fund 09070-
0511 to Cosetta Morris and her attorneys, Robert Bennett, Andrew J. Noel, and Jeffery S. Storms,
the total sum of two hundred and seventy thousand dollars and no cents ($270,000.00) in full and
final settlement of civil court file number 09-CV-1060 (ADM/AJB) for all claims for damages
regarding the March 15, 2009 incident at 485 Minnehaha Avenue East, Apartment 4, St. Paul,
Minnesota 55106.
/HJLVODWLRQ7H[W
/HJLVODWLRQ'HWDLOV
/HJLVODWLRQ'HWDLOV:LWK7H[W
Jun 16, 2010 ... v. ADAM BAILEY, ACTING IN HIS INDIVIDUAL CAPACITY AS A ST.
PAUL ... Cheri M. Sisk, Esq., Assistant Saint Paul City Attorney, St. Paul, Mn, ...
mn.findacase.com/research/wfrmDocViewer.aspx/xq/fac...0000951.../qx
z Sicko-City StPaul: March 2011
Mar 9, 2011 ... PAUL, Minn. (AP) — The St. Paul City Council is expected to approve a settlement ... The
settlement would pay Cosetta Morris $270000. ...
minnesota.cbslocal.com/.../st-paul-expected-to-settle-police-brutality-claim/
z St. Paul expected to settle police brutality claim
Mar 9, 2011 ... PAUL, Minn. (AP) — The St. Paul City Council is expected to approve a settlement
Wednesday with a woman who claimed she was ... The settlement would pay Cosetta Morris $270000. ...
Bigfoot vs. State of New Hampshire ...
www.necn.com/03/09/11/St-Paul-expected.../landing_nation.html?&...
z Latest Minnesota news, sports, business and entertainment ...
Mar 9, 2011 ... PAUL, Minn. (AP) The St. Paul City Council is expected to approve a settlement ... The
settlement would pay Cosetta Morris $270000. The city ...
www.kxnet.com/getArticle.asp?s=rss&ArticleId=739278
z City of Saint Paul - File #: RES 11-412
Mar 9, 2011... and release between the City of Saint Paul and Cosetta R. Morris. ... 485 Minnehaha Avenue
East, Apartment 4, St. Paul, Minnesota 55106. ...
stpaul.legistar.com/LegislationDetail.aspx?ID=846324...
z myTalk 107.1 - St. Paul / Minneapolis - A little gossip. A lot of ...
Mar 9, 2011 ... The St. Paul City Council is expected to approve a settlement Wednesday with a woman ... The
settlement would pay Cosetta Morris $270000. ...
mytalk1071.com/categoryfolders/S2009055.shtml
z St. Paul expected to settle police brutality claim - Police ...
Mar 9, 2011 ... Police Officer: The St. Paul City Council is expected to approve a settlement Wednesday ...
The settlement would pay Cosetta Morris $270000. ...
politifi.com/.../St-Paul-expected-to-settle-police-brutality-claim-1719246.html
z