McClure v. Rehg
United States District Court for the Eastern District of Missouri
2007 WL 3352389 (2007)
- Written by Haley Gintis, JD
Facts
Alice Ingram (plaintiff) called the City of Jennings police department (defendant) to report that her husband, Walter McClure (plaintiff) had abused her. As the police were en route to the couple’s residence, Ingram called again to report that there had been no incident. The police continued to the residence and entered the home. Once inside, the police arrested McClure. The state then filed criminal charges against McClure, despite Ingram’s request that the state not pursue charges. In response, Ingram and McClure filed an action under 42 U.S.C. § 1983 against the City of Jennings mayor, the prosecutor, the judge, the police chief, and multiple officials and officers with the police department (the city officials) (defendants). Ingram and McClure claimed that the city officials had violated their constitutional rights by pursuing criminal charges against McClure because of the city’s no-drop policy (i.e., a policy under which perpetrators of domestic violence are prosecuted regardless of the victim’s wishes). The United States District Court for the Eastern District of Missouri reviewed the case.
Rule of Law
Issue
Holding and Reasoning (Sippel, J.)
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