No. 24-1301

Calvin Allen, Sr., et al. v. Seth Gomez, et al.

Lower Court: Eighth Circuit
Docketed: 2025-06-24
Status: Denied
Type: Paid
Response Waived
Tags: dismissal-judgment public-accommodation race-discrimination section-1981 section-1983 section-1985
Key Terms:
SocialSecurity DueProcess EmploymentDiscrimina JusticiabilityDoctri
Latest Conference: 2025-09-29
Question Presented (AI Summary)

Whether the Eighth Circuit erred in affirming dismissal judgments for multiple respondents when the amended complaint allegedly pleads direct and circumstantial evidence of race-based discriminatory intent under various federal and state law claims

Question Presented (from Petition)

Whether Eighth Circuit erred in holding and affirming dismissal judgment overlooking District Court manifested errors and abuses of discretion entered dismissal order and judgment for failure state claim with prejudice on June 22, 2022, for City of Springfield respondents, when amended complaint pleads direct, circumstantial evidence of race-based discriminatory intent, use of and prima facie and intentional discrimination, as such pleads claims under 42 USC 1981, 1983, 1985 and the state law public accommodation contract 210.00 RSMo claim? Whether Eighth Circuit erred in holding and affirming dismissal judgment overlooking District Court manifested errors and abuses of discretion entered dismissal order and judgment for failure state claim with prejudice on June 22, 2022, for Patel, Laxmi Enterprises and Ozark Inn respondents, when amended complaint pleads direct, circumstantial evidence of race-based discriminatory intent, use of and prima facie and intentional discrimination, as such pleads claims under 42 USC 1981, 1983, 1985 and the state law public accommodation contract 210.00 RSMo claim? Whether Eighth Circuit erred in holding and affirming dismissal judgment overlooking District Court manifested errors and abuses of discretion entered dismissal order and judgment for failure state claim without prejudice on February 23, 2023, for respondent Seth Gomez, when amended complaint pleads direct, circumstantial evidence of race-based discriminatory intent, use of and prima facie and intentional discrimination, as such pleads claims under 42 USC 1981, 1983, 1985 and the state law public accommodation contract 210.00 RSMo claim? Whether Eighth Circuit erred in holding and affirming dismissal judgment overlooking District Court manifested errors and abuses of discretion entered sua sponte dismissal order and judgment for failure state claim without prejudice on August 7, 2023, for respondents Baily D. Stoddard, Domnic L. Jordon, Amanda L. Simrin, Rachel Slobig, when amended complaint pleads direct, circumstantial evidence of race-based discriminatory intent, and prima facie and intentional discrimination, as such pleads claims under 42 USC 1981, 1983, 1985 and the state law public accommodation contract 210.00 RSMo claim? Whether the Eighth Circuit erred and abuse discretion affirming dismissal judgment overlooking District Court abuses of discretion, when arbitrarily entered sua sponte dismissal order for failure state claim in error on August 7, 2023, for respondents Baily D. Stoddard, Domnic L. Jordon, Amanda L. Simrin, Rachel Slobig notwithstanding dismissal order should have vacate and enter default judgments against respondents, as matter of law for failure to appear, answer or defend complaint timely?

Docket Entries

2025-10-06
Petition DENIED.
2025-08-13
DISTRIBUTED for Conference of 9/29/2025.
2025-07-24
Waiver of right of respondents Springfield Police Department, Paul Williams, Kelly Patton to respond filed.
2025-07-23
Waiver of right of respondent Bipin J. Patel and Laxmi Enterprises, Inc., d/b/a Ozark Inn to respond filed.
2025-07-19
Waiver of right of respondent Seth Gomez to respond filed.
2025-03-03
Petition for a writ of certiorari filed. (Response due July 24, 2025)

Attorneys

Bipin J. Patel and Laxmi Enterprises, Inc., d/b/a Ozark Inn
Warren E. HarrisTurner, Reid, Duncan, Loomer & Patton, P.C., Respondent
Warren E. HarrisTurner, Reid, Duncan, Loomer & Patton, P.C., Respondent
Calvin Allen, et al.
Calvin Allen Sr. — Petitioner
Calvin Allen Sr. — Petitioner
Seth Gomez
Stuart P. HuffmanWhiteaker & Wilson, PC, Respondent
Stuart P. HuffmanWhiteaker & Wilson, PC, Respondent
Springfield Police Department, Paul Williams, Kelly Patton
Christopher Michael HoemanSpringfield MO City Attorney, Respondent
Christopher Michael HoemanSpringfield MO City Attorney, Respondent