Arthur Gallagher v. City of Clayton
Court of Appeals for the Eighth Circuit
1Opinion of the Court
RILEY, Chief Judge.
Arthur Gallagher sued the City of Clayton, Missouri (City), and several city officials (defendants) in their official capacities under 42 U.S.C. §§ 1983 and 1988, challenging a city ordinance prohibiting outdoor smoking on certain public property. Gallagher alleged the ordinance violated both the United States and Missouri Constitutions. After the defendants moved for judgment on the pleadings, the district court 1 dismissed Gallagher’s federal claims as facially implausible and declined to exercise supplemental jurisdiction over his state law claim. Gallagher appeals the…
2Cases cited37 opinions
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