Opinion

Brown

Court
District Court, E.D. Missouri
Filed
Sep 8, 2026
Cited by
0 cases

The opinion

EASTERN DISTRICT OF MISSOURI

EASTERN DIVISION

JUAN V. BROWN, )

)

Plaintiff, )

)

v. ) Case No. 4:24-cv-00216-SRC

)

RONNIE HAMPTON and LUCAS )

HAMPTON, )

)

Defendants. )

Order

Rule 56(a) of the Federal Rules of Civil Procedure provides that “[t]he court shall grant

summary judgment if the movant shows that there is no genuine dispute as to any material fact

and the movant is entitled to judgment as a matter of law.” Under Rule 56(f), the Court may,

“[a]fter giving notice and a reasonable time to respond,” Fed. R. Civ. P. 56(f), grant summary

judgment “sua sponte, ‘provided that the party against whom judgment will be entered was given

sufficient advance notice and an adequate opportunity to demonstrate why summary judgment

should not be granted,’” Hubbard v. Parker, 994 F.2d 529, 531 (8th Cir. 1993) (emphasis

removed) (quoting Interco Inc. v. Nat’l Sur. Corp., 900 F.2d 1264, 1269 (8th Cir. 1990)).

After granting the Hamptons summary judgment on most of Brown’s claims, see docs.

119, 130, the Court identified one possible remaining claim, see doc. 130 at 8–9. Brown claims

that after filing this lawsuit, Ronnie Hampton repeatedly harassed Brown, taunting him with

“threats of physical violence on numerous occasions.” Doc. 51 at 21. Lucas Hampton then

allegedly said he would “blow [Brown’s] head off” if he saw him around town, because Brown

“snitched” on him. Id. The Court noted that “mere verbal threats made by a state-actor do not

constitute a [section] 1983 claim.” Doc. 130 at 8 (alteration in original) (quoting Hopson v.

Fredericksen, 961 F.2d 1374, 1378 (8th Cir. 1992)). “[Q]uestion[ing] the legal sufficiency of

why it should not grant the Hamptons summary judgment on Brown’s final remaining claim. Jd.

at 8-9.

Brown’s deadline came and went, and apart from filing a notice of appeal, doc. 132, and

a motion for leave to proceed in forma pauperis, see doc. 133, Brown filed no briefing

responsive to the Court’s order. Accordingly, the Court grants the Hamptons summary judgment

on this final remaining claim and dismisses Brown’s [51] Second Amended Complaint with

prejudice. A separate judgment accompanies this Order.

So ordered this 8th day of September 2026.

°C

wee CK

CHIEF UNITED STATES DISTRICT JUDGE

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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