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IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF MISSOURI
KRISTY CUNNINGHAM

)
) Case No. 16-cv-0793-NAB
Plaintiff,
)
)
vs.
)
)
LEONA BATES, in her Individual Capacity,
)
DENNIS SMITH, in his Individual Capacity,
)
DAVID KENNEDY, in his Individual Capacity,
)
DANIEL R. BULLOCK, in his Individual Capacity,)
PLAINTIFF DEMANDS
SPRING HENSON GRAY, in her Individual
)
TRIAL BY JURY ON
Capacity,
)
ALL CLAIMS
DONALD DUNCAN, in his Individual Capacity, )
RICK BAKER, in his Individual Capacity,
)
THE CITY OF FARMINGTON, MISSOURI,
)
ST. FRANCOIS COUNTY, MISSOURI and
)
JOHN DOE, City of Farmington Police Officer
)
)
Defendants.
)
FIRST AMENDED COMPLAINT
COMES NOW Plaintiff, Kristy Cunningham, and for her First Amended
Complaint against Defendants, Leona Bates, in her Individual Capacity, Dennis
Smith, in his Individual Capacity, David Kennedy, in his Individual Capacity,
Daniel R. Bullock, in his Individual Capacity, Spring Henson Gray, in her
Individual Capacity, Donald Duncan, in his Individual Capacity, Rick Baker, in
his Individual Capacity, The City of Farmington, Missouri, St. Francois County,
Missouri and John Doe, City of Farmington Police Officer, in his Individual
Capacity, and states:
JURY DEMAND
1.

Plaintiff demands trial by a jury on all claims.
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NOTE: All additions to the original Complaint are underlined.
VENUE AND JURISDICTION
2.

Plaintiff, Kristy Cunningham, resides in Jefferson County,

Missouri. She is a citizen of Missouri.
3.

Defendant, Leona Bates, is a citizen of Missouri and a resident of

St. Francois County, Missouri.
4.

Defendant, Dennis Smith, is a citizen of Missouri and a resident of

St. Francois County, Missouri. At all times herein relevant he was the jail
administrator for St. Francois County, Missouri.
5.

Defendant, David Kennedy, is a resident of St. Francois County,

Missouri and a citizen of the State of Missouri. At all times herein relevant he
was a bailiff employed by St. Francois County, Missouri. He also regularly ran
errands for the St. Francois County Prosecutor, Jarrod Mahurin.
6.

Defendant, Daniel R. Bullock, is a resident of St. Francois County,

Missouri and a citizen of the State of Missouri. At all times herein relevant he
was the Sheriff of St. Francois County, Missouri.
7.

Defendant, Spring Henson Gray, is a resident of St. Francois

County, Missouri and a citizen of the State of Missouri. At all times herein
relevant she was employed as a clerk or secretary by the St. Francois County
Prosecutor. She also ran errands for the Sheriff of St. Francois County and/or
the Police Department for the City of Farmington, Missouri.

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8.

Defendant, Donald Duncan, is a resident of St. Francois County

and a citizen of the State of Missouri. At all times herein relevant he was a
police officer employed by the City of Farmington, Missouri.
9.

Defendant, Rick Baker, is a resident of St. Francois County,

Missouri and a citizen of the State of Missouri. At all times herein relevant he
was the Police Chief for the City of Farmington, Missouri.
10.

Defendant, The City of Farmington, Missouri, is a municipality

located in St. Francois County, Missouri.
11.

Defendant, St. Francois County, Missouri, is a municipality and a

political subdivision of the State of Missouri.
12.

Defendant, John Doe, is a resident of St. Francois County,

Missouri and a citizen of the State of Missouri. He is a police officer employed
by the City of Farmington, Missouri.
13.

Plaintiff brings this action for violation of her civil rights under 42

U.S.C. § 1983 and the Fourth, Fifth and Fourteenth Amendments to the
Constitution of the United States. Leona Bates had an extra-marital affair with
Plaintiff’s husband. When Plaintiff observed nude photographs of Leona Bates
on Plaintiff’s husband’s computer, and learned of the affair, she publicly
complained about the conduct of Leona Bates. Leona Bates then initiated a
campaign to discredit Plaintiff and to seek revenge by persuading her network
of friends who were public employees of the City of Farmington and St.
Francois County, to falsely charge Plaintiff with stalking Leona Bates and then
to falsely charge her with assaulting Eric McKorkel, a friend of Plaintiff, and
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falsely charge Plaintiff with driving while intoxicated, and then deny Plaintiff
bail while these charges were pending. Plaintiff was held in jail without bail
from June 1, 2014, until June 11, 2014 when her Motion to Reinstate the
Bond and for her Pre-trial Release was denied, and from June 11, 2014 to
August 16, 2014 when she pleaded guilty to stalking Leona Bates because that
was her only way of getting out of jail to see her three minor children, ages 10,
13 and 13 (twins). Plaintiff was then jailed again from August 28 to September
25, 2014. A capias warrant was then issued to revoke Plaintiff’s probation with
respect to the guilty plea of stalking Leona Bates. She released on bond on
September 25, 2014. The hearing to revoke her probation on November 11,
2014 resulted in revocation of her probation and she was sent to prison for 120
days from November 7, 2014 until March 24, 2015. The basis for the warrant
to revoke her probation was an incident at the Elks Club in St. Francois
County, Missouri. Plaintiff had previously called her probation officer and was
told that she could go to the Elks Club but was not supposed to drink. Plaintiff
did not drink at the Elks Club. When she left the Elks Club with her friends,
Dr. Swinaski and his wife, Jennifer, and Plaintiff’s friend, Eric McKorkel, two
police officers were waiting for Plaintiff when she left the building. Eric
McKorkel had been drinking. When he attempted to drive, Plaintiff pushed him
slightly to prevent him from getting into the driver’s seat. Plaintiff was then
charged with misdemeanor assault. On that basis her probation was revoked
and she spent an additional 120 days in prison.
14.

This Court has venue under 28 U.S.C. § 1391(b)(1) and (2).
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15.

This Court has subject matter jurisdiction under 28 U.S.C. § 1331

and 42 U.S.C. § 1983 et seq.
GENERAL ALLEGATIONS
16.

J.D. Cunningham was Plaintiff’s husband in 2013, when Plaintiff

learned that her husband was having an extra-marital affair with Defendant,
Leona Bates. J.D. Cunningham admitted to this extra-marital affair after
Plaintiff discovered nude photographs of Leona Bates, and others, on her
husband’s computer. J.D. Cunningham is now Plaintiff’s ex-husband. They
continue to share custody of their three minor children, ages 10, 13 and 13
(twins). Plaintiff has primary custody.
17.

Plaintiff is the mother of three children. She has always been fully

employed. Prior to the time she was first jailed on June 1, 2014 she ran a
childcare center in Farmington, Missouri. Leona Bates’ daughters, Molly
Carrington and Katie Carrington (ages 22 and 25 approximately) worked for
Plaintiff in the childcare center which was open 24 hours a day, seven days a
week. Plaintiff cared for approximately 300 children, at any given time, at the
childcare center. Plaintiff had no criminal record prior to 2014.
18.

During 2013 J.D. Cunningham also had an affair with Kelly

Vaugh. Nude photographs of Kelly Vaugh were also on his computer. Kelly
Vaugh and Leona Bates are friends. They drink together.
19.

During 2013 Plaintiff sent an email to several people stating that

Kelly Vaugh was having an extra-marital affair with her husband. Kelly Vaugh
responded by filing a Petition for a Temporary Restraining Order against
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Plaintiff. For a period of about fourteen days Plaintiff was not allowed to go to
the school her children attended, because Kelly Vaugh was a school nurse
there.
20.

A hearing was held on the Petition for a Temporary Restraining

Order. The Petition for a Temporary Restraining Order was denied.
21.

During November 2013 Leona Bates started filing police reports

against Plaintiff, after the hearing on the Petition for a Temporary Restraining
Order, claiming that Plaintiff was stalking and assaulting her. These police
reports were kept secret by Defendants, Ronald Duncan, Rick Baker and John
Doe, police officers for the City of Farmington, because Leona Bates falsely
claimed that Plaintiff would attack her if she knew of the police reports.
22.

Defendant, Leona Bates, then began appearing at functions she

knew Plaintiff would be attending, including a private party at Twin Oaks
Vineyard near Farmington during November or December 2013, and another
occasion when Plaintiff was at Cousins, a restaurant/bar across the street from
the police department in Farmington, Missouri, during about November or
December 2013 and another occasion at Casa Sol, a Mexican restaurant in
Farmington, Missouri, on about January 11, 2014. During these three
occasions, and possibly others, Leona Bates attempted to provoke Plaintiff into
a confrontation, and then secretly filed police reports claiming Plaintiff had
stalked and assaulted her. Plaintiff did not assault Leona Bates on any of
these occasions and Plaintiff did not stalk or follow Leona Bates on these

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occasions. On the contrary, Leona Bates followed Plaintiff to confront her on
all these occasions.
23.

When Plaintiff left the Casa Sol Restaurant on about January 11,

2014, two Farmington police officers, including Donald Duncan and/or John
Doe, were waiting for her outside the restaurant. They pulled her over. She
passed a field sobriety test. One of the officers then asked her to participate in
a breathalyzer test. She refused because she had had gastric bypass surgery
to lose weight and had been told that this would cause a high reading on any
breathalyzer. She was charged with driving while intoxicated and posted a
$1,000.00 bond by paying the bondsman $100.00. She drove home within 45
minutes of the arrest. She also posted a $10,000.00 bond for the aggravated
stalking charge which had been filed during about January 2014.
24.

During April 2014 Plaintiff was notified by the Prosecutor, Jerrod

Mahurin, that he was attempting to revoke her bond on the stalking charge.
25.

Plaintiff’s bond was revoked in May 2014. The Judge who revoked

her bond, The Honorable Wendy Wexler Horn, then recused herself and was
replaced by The Honorable Sandra Martinez, who had previously been the
Prosecutor for St. Francois County. She was replaced by Jerrod Mahurin, her
protégé, as Prosecutor.
26.

Plaintiff turned herself in on June 1, 2014 and retained an

attorney to reinstate the bond. At a hearing on June 11, 2014, the Prosecutor
opposed Plaintiff’s Motion to Reinstate the Bond. Leona Bates did not testify.

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27.

Plaintiff was denied bond on June 11, 2014 on the grounds that

Leona Bates was afraid that Plaintiff would stalk and assault her. Plaintiff’s
Motion to Reinstate her Bond was denied.
28.

During July 2014 Plaintiff was shackled and handcuffed and taken

from the St. Francois County Jail to Court for a hearing on the aggravated
stalking charges, even though the officials at the jail, including Dennis Smith,
knew the hearing had been cancelled. Dennis Smith drove Plaintiff from the
Courthouse back to the jail.
29.

On August 16, 2014 Plaintiff pleaded guilty to aggravated stalking

of Leona Bates only because that was the only way to be released from jail to
see her three minor children. By that time she had spent 97 days in jail with
no trial date in sight.
30.

Plaintiff was coerced into pleading guilty by keeping her in jail for

an indefinite period of time for the purpose of pressuring her into pleading
guilty.
31.

While Plaintiff was in the St. Francois County jail Leona Bates

falsely claimed that Plaintiff was telephoning her from jail. Defendant, Dennis
Smith, falsely reported these alleged telephone calls to the Prosecutor. Dennis
Smith had control of all telephone records reflecting all calls made from the jail.
Plaintiff did not telephone Leona Bates from jail. Dennis Smith falsely
informed the Prosecutor that Plaintiff had made telephone calls to Leona Bates
from jail.

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32.

Prior to the campaign against Plaintiff, initiated by Leona Bates,

Plaintiff had no criminal record; she had always been fully employed and was
the mother of three minor children.
33.

When Plaintiff pleaded guilty to aggravated stalking of Leona Bates,

on August 16, 2014, she was sentenced to 5 years of probation with the
probation officer having discretion to give her a total of 120 days in jail (she
had already spent 97 days in jail) by adding another 23 days to be served on
weekends. Plaintiff also pled guilty to driving while intoxicated on August 16,
2014 and paid a fine. She did not lose her driver’s license.
34.

Plaintiff was released from jail on August 16, 2014, after pleading

guilty.
35.

On about August 28, 2014, Plaintiff went to dinner at a Mexican

Restaurant, then to the Elks Club near Farmington, after first asking her
probation officer if she was permitted to go to the Elks with friends. She was
told it was acceptable to go to the Elks, but she was not supposed to drink.
Plaintiff went to dinner at the Mexican Restaurant and then to the Elks with
friends, Dr. Swinaskri and his wife, Jennifer, and Eric McKorkle.
36.

Plaintiff did not drink at the Elks Club.

37.

When Plaintiff left the Elks Club, two Farmington Police Officers,

Donald Duncan and/or John Doe, were waiting for Plaintiff to exit the building.
When Eric McKorkle, who had been drinking, attempted to drive, Plaintiff
gently pushed him to prevent him from driving. Plaintiff was then arrested and
charged with misdemeanor assault on Eric McKorkle by the Farmington Police
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Officers. Plaintiff was placed in jail again, from August 28, 2014 until
September 25, 2014, when Plaintiff obtained a bond.
38.

On or about August 28, 2014 the Prosecutor issued a capias

warrant to revoke Plaintiff’s probation and send her to prison. Plaintiff
obtained a bond and was released from jail on September 25, 2014 pending the
hearing on the warrant to revoke her probation.
39.

The hearing to revoke Plaintiff’s probation was held on November

7, 2014. The Court revoked Plaintiff’s probation and she was sentenced to 120
days in prison. She was held in prison from November 7, 2014, the day of the
hearing, until March 24, 2015. Plaintiff spent a total of 217 days in jail and
prison combined for these charges.
40.

Prior to November 7, 2014 Plaintiff met with Sheriff Daniel Bullock

and advised him that she had not been telephoning Leona Bates from jail, that
Leona Bates was a friend of Dan Smith; that the charges against Plaintiff had
been manufactured by Leona Bates, with the assistance of her friends in public
office, including Dan Smith, and that the charges filed against Plaintiff by
Leona Bates were an attempt to obtain revenge because Plaintiff had revealed
the extra-marital affair between Plaintiff’s then husband and Leona Bates.
Daniel Bullock took no action and failed to investigate these matters.
41.

During the period from August 28 to September 25, 2014, Chuck

Dyers, a friend of Plaintiff, attempted to assist Plaintiff in obtaining bond. He
left his telephone number with personnel at the jail. He then received
telephone calls and text messages from a telephone number registered to
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Dennis Smith, as his personal cell phone number that is paid for by St.
Francois County. He was informed by Dennis Smith that it would be in his
best interest to have no contact with Plaintiff.
42.

Plaintiff telephoned the Sheriff’s office (or the police station) on

June 1, 2014, stating that she was prepared to turn herself in with respect to
the aggravated stalking charges. Within ten minutes a Farmington Police
Department detective, and Defendant, Spring Henson Gray, were at Plaintiff’s
house. They followed her to jail.
43.

Defendant Spring Henson Gray had an extra-marital affair during

a previous marriage. Plaintiff and her then husband, J.D. Cunningham, were
listed as witnesses of that extra-marital affair in the related divorce
proceedings. As a result, Defendant, Spring Henson Gray, sought revenge
against Plaintiff.
44.

Defendant David Kennedy’s daughter, Shelby Kennedy, worked for

Plaintiff in her childcare center. State officials made some complaints about
Shelby Kennedy’s work at the childcare center and Plaintiff was required to
terminate her employment. Defendant, David Kennedy, appeared at the
childcare center loudly complaining about his daughter’s termination and her
questioning by the state officials. As a result, Defendant, David Kennedy,
sought revenge against Plaintiff.
45.

Plaintiff was not informed of the secret police reports Leona Bates

filed with respect to her false claims that Plaintiff was stalking her until
Plaintiff was charged with aggravated stalking. At that time Plaintiff spoke with
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Rick Baker, the Farmington Police Chief, who informed Plaintiff that she was
not advised of the police reports, or given a chance to refute them, because
Leona Bates stated she was afraid that Plaintiff would stalk and/or assault her
if Plaintiff knew of the police reports. Plaintiff was never interviewed by the
Police Department or the Sheriff’s Office with respect to these false police
reports or with respect to the charge that she was stalking Leona Bates.
46.

Leona Bates has a friendly relationship with Dennis Smith, among

others, and Dennis Smith, on information and belief, has friendly relationships
with Sheriff Daniel Bullock, Police Office Donald Duncan and Police Chief Rick
Baker, among others.
47.

While Plaintiff was in the St. Francois County Jail, several officers

informed her that Dennis Smith told them not to talk to her.
48.

The St. Francois County Prosecutor’s office has a victim’s advocate.

Plaintiff spoke with the victim’s advocate to complain about her treatment.
Defendant Spring Henson Gray immediately telephoned Defendant David
Kennedy, who then interrupted Plaintiff’s meeting with the victim’s advocate, at
the very beginning, and said that Jerrod Mahurin, the Prosecutor, would not
want the victim’s advocate to speak with Plaintiff. That ended the meeting with
the victim’s advocate soon after it began.
49.

Dennis Smith initially denied to Sheriff Dan Bullock that he knew

Leona Bates. Plaintiff has subsequently obtained a group photograph of Leona
Bates and Dennis Smith and his wife, among a small group, at a Thanksgiving
Day dinner during November 2013.
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50.

Plaintiff lost her childcare business as a result of the time she

spent in jail and in prison.
51.

Upon her release from prison, Plaintiff was immediately employed

full time by the Pasta House Restaurant in Festus, Missouri, where she works
as a server and manager. Part of her duties included serving drinks from the
bar. The sale of alcohol is a small part of the Pasta House Restaurant’s
business at the Festus location.
52.

Plaintiff’s probation officer contacted the Pasta House Restaurant

in Festus and informed Plaintiff’s employer that Plaintiff was prohibited, by
Statute, from serving alcohol at an establishment such as the Pasta House
while she is on probation. Plaintiff was informed by the Pasta House
management that Pasta House attorneys had researched the matter and had
found no Statute that prevented Plaintiff from serving alcohol in an
establishment that was primarily a restaurant while on probation.
Nevertheless, in order to comply with the probation officer, Plaintiff stopped
serving alcohol at the Pasta House Restaurant, losing substantial tips in the
process.
53.

Plaintiff is in the process of moving from St. Francois County to

Jefferson County, Missouri.

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COUNT I
(PLAINTIFF WAS DENIED DUE PROCESS OF LAW IN VIOLATION OF THE
FIFTH AND FOURTEENTH AMENDMENTS TO THE UNITED STATES
CONSTITUTION AND 42 U.S.C. § 1983, AGAINST DEFENDANTS LEONA
BATES, DENNIS SMITH, DAVID KENNEDY, DANIEL BULLOCK, SPRING
HENSON GRAY, DONALD DUNCAN, RICK BAKER AND JOHN DOE)
54.

Plaintiff realleges and incorporates herein by reference ¶¶ 1-53, as

fully set forth above.
55.

Leona Bates never testified at any of the proceedings, including the

June 11, 2014 hearing to reinstate Plaintiff’s bond or the November 7, 2014
Hearing to Revoke Plaintiff’s probation. Plaintiff was never interviewed by the
Sheriff’s Department or the Farmington Police Department or the Prosecutor
about Leona Bates’ claims that Plaintiff was stalking her. Those allegations by
Leona Bates are patently false.
56.

Defendants, Leona Bates, Dennis Smith, David Kennedy, Daniel

Bullock, Spring Henson Gray, Donald Duncan and Rick Baker, all acted in
concert, under color of State law, pursuant to a common scheme and objective,
to recklessly present false evidence to the Prosecutor and recklessly failed to
investigate the facts, while falsely persuading the Prosecutor to aggressively
deny bond to Plaintiff and hold Plaintiff in jail indefinitely while the charge of
aggravated assault was pending, thereby coercing Plaintiff to plead guilty to the
false aggravated stalking charges, and to then revoke Plaintiff’s probation,
requiring Plaintiff to spend 97 days in the county jail and 120 days in prison.
57.

The evidence Defendants relied on to deny bail to Plaintiff and

thereby coerce Plaintiff into pleading guilty to the aggravated stalking charges
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is the unsubstantiated charges of Leona Bates, who clearly was seeking
revenge for the disclosure of her extra-marital affair with Plaintiff’s husband,
without interviewing other witnesses of the alleged events and without
interviewing Plaintiff; and the false information provided by Dennis Smith that
Plaintiff was telephoning Leona Bates from jail; Defendants then relied on this
network of public officials with the intent of denying Plaintiff due process of
law, under color of State law, in violation of the Fifth and Fourteenth
Amendments to the United States Constitution and 42 U.S.C. § 1983.
Defendants’ recklessness in creating and accepting false evidence while
denying Plaintiff bail, and coercing Plaintiff to plead guilty to charges of which
Plaintiff was innocent, then revoking Plaintiff’s probation, shocks the
conscience of a reasonable person, in view of the fact that Leona Bates was
actually stalking Plaintiff, attempting to create incidents which she could
secretly falsely report to the police.
58.

As a result of the denial of Plaintiff’s right to due process of law in

violation of the Fifth and Fourteenth Amendments of the United States
Constitution and in violation of 42 U.S.C. § 1983, Plaintiff sustained damages
including deprivation of her liberty for more than 200 days, the loss of her
childcare center business, emotional distress, humiliation, lost wages, the
payment of charges relating to her imprisonment in jail and prison and during
her probation, in a sum in excess of $1,000,000.00.
59.

Plaintiff has incurred, and will incur, substantial attorney’s fees in

prosecuting this case in a sum in excess of $100,000.00.
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60.

The conduct of Defendants, Leona Bates, in her Individual

Capacity, Dennis Smith, in his Individual Capacity, David Kennedy, in his
Individual Capacity, Daniel R. Bullock, in his Individual Capacity, Spring
Henson Gray, in her Individual Capacity, Donald Duncan, in his Individual
Capacity, Rick Baker, in his Individual Capacity and John Doe, City of
Farmington Police Officer, as described above, was intentional, malicious,
unjustified and outrageous, warranting an award of punitive damages in a sum
in excess of $500,000.00 against each said Defendant separately.
COUNT II
(DENIAL OF DUE PROCESS OF LAW IN VIOLATION OF THE FIFTH
AND FOURTEENTH AMENDMENTS TO THE UNITED STATES
CONSTITUTION AND 42 U.S.C. § 1983, THROUGH SELECTIVE
PROSECUTION, AGAINST DEFENDANTS, LEONA BATES,
DENNIS SMITH, DAVID KENNEDY, DANIEL BULLOCK, SPRING HENSON
GRAY, DONALD DUNCAN, RICK BAKER AND JOHN DOE)
61.

Plaintiff realleges and incorporates herein by reference ¶¶ 1-53 and

¶¶ 55-60, as fully set forth above.
62.

Defendants, acting in concert, pursuant to a common scheme and

objective, under color of State law, denied Plaintiff due process of law by
selectively prosecuting Plaintiff on charges of aggravated stalking, based on
false evidence investigated recklessly, thereby shocking the conscience of a
reasonable person, and by pursuing these charges against Plaintiff solely
because Leona Bates and the network of public officials with which she
established friendly relationships were intent on causing damage and injury to
Plaintiff because Leona Bates was seeking revenge after Plaintiff revealed the
extra-marital affair between Leona Bates and Plaintiff’s husband.
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63.

Defendants, and each of them, acting in concert, violated Plaintiff’s

right of due process of law, acting under color of State law, in violation of the
Fifth and Fourteenth Amendments to the United States Constitution and 42
U.S.C. § 1983, depriving Plaintiff of her liberty for a period in excess of 200
days, all to Plaintiff’s damages in a sum in excess of $1,000,000.00.
64.

The conduct of Defendants, Leona Bates, in her Individual

Capacity, Dennis Smith, in his Individual Capacity, David Kennedy, in his
Individual Capacity, Daniel R. Bullock, in his Individual Capacity, Spring
Henson Gray, in her Individual Capacity, Donald Duncan, in his Individual
Capacity, Rick Baker, in his Individual Capacity and John Doe, City of
Farmington Police Officer, as described above, was intentional, malicious,
unjustified and outrageous, warranting an award of punitive damages in a sum
in excess of $500,000.00 against each said Defendant separately.
65.

Plaintiff has incurred, and will incur, substantial attorney’s fees in

prosecuting this case in a sum in excess of $100,000.00.
COUNT III
(DENIAL OF DUE PROCESS OF LAW IN VIOLATION OF THE
FIFTH AND FOURTEEN AMENDMENTS AND 42 U.S.C. § 1983
AGAINST THE CITY OF FARMINGTON, MISSOURI)
66.

Plaintiff realleges and incorporates herein by reference ¶¶ 1-53, ¶¶

55-60 and ¶¶ 62-65, as fully set forth above.
67.

Defendant, The City of Farmington, Missouri, acting under color of

State law, had a custom or practice or policy of permitting the denial of due
process of law to individuals when the alleged victim of an alleged crime was a
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person with friendly connections to the network of public officials, including
the Defendants, in Farmington and St. Francois County, Missouri. The City of
Farmington had a custom, practice or policy of administering State law in a
manner that favored friends of the network of public officials to the detriment
of those who are not friends of the public officials.
68.

Defendant, The City of Farmington, used inadequate hiring and

training practices and policies to hire and train its police officers to avoid
denying due process of law to individuals who allegedly committed offenses
against persons with influence with public officials in the City of Farmington
and in St. Francois County.
69.

Specifically, The City of Farmington, Missouri failed to train its

police officers to afford due process of law to individuals charged with crimes
even when the alleged victim of the alleged crime was a person with
connections and influence with the public officials of The City of Farmington
and of St. Francois County, Missouri.
70.

The City of Farmington’s hiring and training practices are

inadequate.
71.

The City of Farmington was deliberately indifferent to the rights of

others in adopting its policies, customs and practices and in failing to train its
police officers.
72.

By adopting the policies, customs, practices and procedures

described above, and by adopting the hiring practices and by failing to train its
employees and police officers as described above, The City of Farmington,
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Missouri proximately caused Plaintiff to sustain damages, in a sum in excess of
$1,000,000.00, as described in Counts I and II, in violation of 42 U.S.C. § 1983
and in violation of the Fifth and Fourteenth Amendments to the Constitution of
the United States.
73.

Plaintiff has incurred, and will incur, substantial attorney’s fees in

prosecuting this case in a sum in excess of $100,000.00.
COUNT IV
(DENIAL OF DUE PROCESS OF LAW IN VIOLATION OF THE
FIFTH AND FOURTEEN AMENDMENTS AND 42 U.S.C. § 1983
AGAINST ST. FRANCOIS COUNTY, MISSOURI)
74.

Plaintiff realleges and incorporates herein by reference ¶¶ 1-53,

¶¶ 55-60, ¶¶ 62-65 and ¶¶ 67-73, as fully set forth above.
75.

Defendant, St. Francois County, Missouri, acting under color of

Sate law, had a custom or policy or practice of permitting the denial of due
process of law to individuals when the alleged victim of an alleged crime was a
person with friendly connections to the network of public officials, including
Defendants, in Farmington and St. Francois County, Missouri, as more
specifically stated in ¶ 67 above.
68.

Defendant, St. Francois County, Missouri, used inadequate hiring

and training practices and policies to hire and train officials and employees to
avoid denying due process of law to individuals who allegedly committed
offenses against persons with influence with public officials in the City of
Farmington and in St. Francois County.

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69.

Specifically, St. Francois County, Missouri failed to train its

officials and employees to afford due process of law to individuals charged with
crimes even when the alleged victim of the alleged crime was a person with
connections and influence with the public officials of The City of Farmington
and of St. Francois County, Missouri.
70.

St. Francois County, Missouri’s hiring and training practices are

inadequate.
71.

St. Francois County officials and employees were deliberately

indifferent to the rights of others in adopting its policies, customs and practices
and in failing to train its officials and employees.
72.

By adopting the policies, customs, practices and procedures

described above, and by adopting the hiring practices and by failing to train its
officials and employees as described above, St. Francois County, Missouri
proximately caused Plaintiff to sustain damages, in a sum in excess of
$1,000,000.00 as described in Counts I and II, in violation of 42 U.S.C. § 1983
and in violation of the Fifth and Fourteenth Amendments to the Constitution of
the United States.
73.

Plaintiff has incurred, and will incur, substantial attorney’s fees in

prosecuting this case in a sum in excess of $100,000.00.
PRAYER FOR RELIEF
FOR THE FOREGOING REASONS, Plaintiff, Kristy Cunningham, prays
for the following relief:

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(a)

For an award of damages against Defendants, Leona Bates, Dennis

Smith, David Kennedy, Daniel Bullock, Spring Henson Gray, Donald Duncan,
Rick Baker and John Doe, in a sum in excess of $1,000,000.00, jointly and
severally;
(b)

For attorney’s fees against all Defendants, jointly and severally, in

a sum in excess of $100,000.00;
(c)

For an award of punitive damages against Defendants, Leona

Bates, Dennis Smith, David Kennedy, Daniel Bullock, Spring Henson Gray,
Donald Duncan, Rick Baker and John Doe, individually as to each such
Defendant, in a sum in excess of $500,000.00;
(d)

For an award of damages in a sum in excess of $1,000,000.00

against Defendant, The City of Farmington, Missouri;
(e)

For an award of damages in a sum in excess of $1,000,000.00

against Defendant, St. Francois County, Missouri;
(f)

For court costs against all Defendants, jointly and severally;

(g)

For such other relief as the Court deems just and proper.
/s/ David M. Duree
David M. Duree, MBE 21003
David M. Duree & Associates, P.C.
312 South Lincoln Avenue
P.O. Box 1416
O’Fallon, IL 62269
Tel: 618-628-0186
Fax: 618-628-0259
Email: law@dmduree.net
Attorney for Plaintiff, Kristy Cunningham

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