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Robbins v. Becker

United States Court of Appeals, Eighth Circuit

July 27, 2015

Mark Robbins; Gail Robbins; I-44 Truck Center and Wrecker Service, LLC; I-44 Wrecker Service, LLC, Plaintiffs - Appellants
v.
Randy Becker, Sr.; James Cox; Ryan A. Burckhardt; Daniel E. Dicus; Travis Inman; Ronald Johnson; Jeremie Keathely; Lee A. Kenley; Keith Lichay; Justin McCullough; Brent Moore; John Oliveras; Duane L. Robinson; Rhonda Shanika; John Does, Police Officers; John Does, Dispatchers; Jane Does, Dispatchers; each in their individual capacities, Defendants - Appellees

Submitted April 16, 2015.

Page 989

[Copyrighted Material Omitted]

Page 990

Appeal from United States District Court for the Eastern District of Missouri - St. Louis.

For Mark Robbins, Gail Robbins, I-44 Truck Center and Wrecker Service, LLC, I-44 Wrecker Service, LLC, Plaintiffs - Appellants: Brandy B. Barth, Newton & Wright, Saint Louis, MO.

For Randy Becker, Sr., in his individual capacity, James Cox, in his individual capacity, Ryan A. Burckhardt, in his individual capacity, Daniel E. Dicus, in his individual capacity, Travis Inman, in his individual capacity, Ronald Johnson, in his individual capacity, Jeremie Keathely, in his individual capacity, Lee A. Kenley, in her individual capacity, Keith Lichay, in his individual capacity, Justin McCullough, in his individual capacity, Brent Moore, in his individual capacity, John Oliveras, in his individual capacity, Duane L. Robinson, in his individual capacity, Rhonda Shanika, in her individual capacity, Defendants - Appellees: Emily Ann Dodge, Caleb Mitchell Lewis, Douglas G. Leyshock, Attorney General's Office, Jefferson City, MO.

Before RILEY, Chief Judge, LOKEN and SHEPHERD, Circuit Judges. LOKEN, Circuit Judge, concurring.

OPINION

RILEY, Chief Judge.

Page 991

Mark and Gail Robbins, the owners and operators of I-44 Truck Center and Wrecker Service, LLC and I-44 Wrecker Service, LLC (collectively, the Robbinses), appeal the district court's[1] adverse grant of summary judgment to fourteen individual officers and supervisors (officers) of the Missouri State Highway Patrol (MSHP) on the Robbinses' claim that the officers conspired to interfere with the Robbinses' towing and wrecker business in violation of federal law.[2] With jurisdiction under 28 U.S.C. § 1291 in tow, we affirm.

I. BACKGROUND

For years, the Robbinses have provided towing and wrecker services along the Interstate 44 corridor in eastern Missouri and the surrounding areas. Before June 2006, MSHP Troop C and Troop I, pursuant to MSHP policy, each used a " rotation list" of approved towing and wrecking companies to determine which company the officer at the scene of a disabled vehicle would call if the vehicle owner had no preference. The Robbinses were on both lists until Troop C removed them, reportedly in part because Mark Robbins had been criminally charged with shooting at a competitor's truck in 1999. The Robbinses were later removed from Troop I's list as well.

Relying on an anonymous phone call Mark purportedly received from someone claiming to work for the Robbinses' competitor, the Robbinses allege the ...


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