Legal Opinion

Frederick Spencer v. George Lombardi

Missouri Court of Appeals

Decided October 4, 2016No. WD79134PublishedCited by 5 opinions

1Opinion of the CourtKaren King Mitchell, Presiding Judge

Frederick Spencer, previously an offender in the custody of the Missouri Department of Corrections, appeals from the trial court’s dismissal of his action brought under 42 U.S.C. § 1983 against Department Director George Lombardi, as well as the individual members of the Board of Probation and Parole (“Board”), for extending his conditional release date from prison. We affirm.

Background

When reviewing the dismissal of a petition for failure to state a claim upon which relief may be granted, we assume all facts in the petition as true. Lynch v. Lynch, 260 S.W.3d 834, 836 (Mo.banc 2008). Here,…

2Cases cited21 opinions

  1. Heck v. HumphreySupreme Court of the United States · 1994
  2. Lynch v. LynchSupreme Court of Missouri · 2008
  3. City of Lake Saint Louis v. City of O'FallonSupreme Court of Missouri · 2010
  4. Transit Casualty Co. v. Transit Casualty Co.Supreme Court of Missouri · 2001
  5. Atkins v. McPhetridgeMissouri Court of Appeals · 2006

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3Cited by5 opinions

  1. Eckel v. EckelMissouri Court of Appeals · 2018
  2. Bradshaw v. AshcroftMissouri Court of Appeals · 2018
  3. In Re: Area 16 Public Defender Office III Ruth Petsch v. Jackson County Prosecuting Attorney's OfficeMissouri Court of Appeals · 2020
  4. KDW Staffing, LLC v. Grove Construction, LLCMissouri Court of Appeals · 2019
  5. Richard A. Aguilar v. Geico Casualty Co.Missouri Court of Appeals · 2019

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