ST. LOUIS — The state appeals court has upheld a decision to dismiss a lawsuit filed by a former Washington University police officer who alleged that the university violated his rights under Missouri’s Law Enforcement Officers’ Bill of Rights.
In a unanimous July 15 opinion authored by Judge Angela T. Quigless and joined by Presiding Judge James M. Dowd and Special Judge Craig K. Higgins, the Missouri Court of Appeals Eastern District affirmed the St. Louis County Circuit Court’s ruling that the Law Enforcement Officers’ Bill of Rights (LEOBOR), section 590.502 RSMo., applies only to public entities and does not extend protections to employees of private institutions such as Washington University.
Robert Wayne, who served as a commissioned police officer for the university from 2011 until 2023, was terminated on Oct. 12, 2023, following several complaints and five Internal Affairs investigations conducted between June and September 2023.
Wayne subsequently filed a petition claiming the university failed to follow the procedural safeguards afforded to him under the LEOBOR.
These alleged violations included the failure to provide timely copies of complaints, to conduct interviews while he was on duty, to provide written statements in support of complaints, and to issue a Garrity warning prior to questioning. He also claimed he was denied a full due process hearing after being terminated.
In his suit, Wayne sought reinstatement, back pay, restoration of retirement and other benefits and attorney’s fees. He asserted that Washington University police officers are peace officers commissioned through St. Louis County and employed by the university as government officials, thereby qualifying for protection under the LEOBOR.
Wayne argued the university was a law enforcement agency under the statute and therefore obligated to provide the rights guaranteed by section 590.502.
Washington University moved to dismiss the petition, arguing that the LEOBOR does not apply to private universities. The trial court agreed and dismissed the case with prejudice.
Wayne appealed, claiming the statute’s plain language applies to all commissioned peace officers employed by a university, whether public or private.
The appellate court disagreed, citing the statutory definition of “law enforcement officer” in section 590.502.1(5), which limits protections to officers employed by political subdivisions of the state, including counties, cities, municipalities, districts, colleges and universities.
The court determined that the inclusion of “college” and “university” within a list of public entities, followed by the phrase “or any other political subdivision,” indicates legislative intent to restrict the statute’s scope to public institutions.
“Had the legislature intended the LEOBOR’s protections to apply to any and all commissioned peace officers, regardless of employment, then the legislature would have said so,” the court wrote, rejecting Wayne’s argument that the statute should be interpreted to include private entities.
The court also noted that Wayne’s own petition described Washington University as a “Missouri benevolent corporation,” which by definition is a private nonprofit organization formed for charitable or educational purposes.
That designation, the court said, further undermined Wayne’s claim that the university should be considered a public entity under the LEOBOR.
In a separate point, Wayne argued that Washington University’s relationship with St. Louis County—through which its police officers are commissioned as peace officers—effectively renders the university a public entity for purposes of the LEOBOR. The court rejected this as a legal conclusion rather than a factual allegation, stating that such assertions could not survive a motion to dismiss.
“A plaintiff cannot plead legal conclusions as ultimate facts to survive a motion to dismiss,” the court wrote, citing established precedent.
Wayne also appealed the trial court’s denial of his motion for a new trial, but the appellate panel noted such orders are not directly appealable. Nonetheless, the court considered the issues raised and found no error in the underlying judgment.
Finding that the LEOBOR applies only to public entities and that Washington University is a private institution, the appeals court affirmed the dismissal of Wayne’s case.
Missouri Court of Appeals, Eastern District case number: ED113127
