Anthony Miner and Eric Simmons v. Rick Brackney

Anthony Miner and Eric Simmons brought this action under 42 U.S.C. § 1983 claiming Rick Brackney, a police officer in Hillsdale, Missouri, filed a false report which stated that Miner had implicated Simmons in the commission of a robbery. Simmons was subsequently convicted in state court, and was in the process of appealing his conviction when this suit was filed. The district court 1 granted a motion to dismiss the complaint for failure of either appellant to state a claim upon which relief could be granted, additionally declining in Simmons’s case to intervene in his state court conviction…