United States Eighth Circuit

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Hodak v. City of St. Peters, 07-2590

In a 42 U.S.C. section 1983 action brought against city and mayor for allegedly increasing police presence around a bar owned by plaintiff and ultimately revoking its liquor license in retaliation for other plaintiff's exercising his First Amendment right to free speech, judgment and award for plaintiffs pursuant to a jury verdict is reversed and remanded for dismissal where the district court should have dismissed plaintiff-corporation's claim, which was based solely on plaintiff-individual's First Amendment activity, for lack of standing.

Appellate Information

  • Decided 07/30/2008
  • Published 07/30/2008

Judges

  • GRUENDER, Circuit Judge., Before MELLOY, GRUENDER and SHEPHERD, Circuit Judges.

Court

  • United States Eighth Circuit

Counsel

  • For Appellant:
  • David Taylor Hamilton, argued, St. Charles, MO (Matthew J. Fairless and Nicholas J. Komoroski, on the brief), for appellant.

  • For Appellees:
  • Larry Alan Bagsby, argued, St. Charles MO, for appellee.