Missouri Attorney General Catherine Hanaway
ST. LOUIS – Missouri Attorney General Catherine Hanaway’s office has filed a motion for partial summary judgment in the quo warranto case seeking to remove St. Louis City Sheriff Alfred Montgomery from office.
Montgomery
The filing marks the next stage in the litigation, requesting that the court issue a judgment on three counts of the state’s petition: Counts II, IV and V following discovery and evidence that confirm the material facts are no longer in dispute.
“Public office is a public trust, not a personal privilege,” Hanaway said in an October 7 press release. “When an elected official abuses authority, neglects legal duties, and exploits taxpayer resources for personal gain, the rule of law requires accountability.
“The undisputed facts prove Sheriff Montgomery has forfeited the right to hold public office, and this motion seeks to ensure justice is finally done for the people of St. Louis.”
In June, the AG’s office first demanded Montgomery’s resignation following credible reports of corruption, financial mismanagement, and workplace instability. When he refused, the office filed a 90-page writ of quo warranto outlining six counts of misconduct, including unlawful arrests of private citizens, failure to transport inmates for critical medical care, misuse of taxpayer resources for personal benefit, and reckless spending of public funds.
The court subsequently issued a preliminary order directing Montgomery to respond to the charges.
This latest motion marks the next phase of that case, asking the court to issue partial summary judgment on the counts where the facts are now undisputed and the law is clear.
After months of discovery, testimony and documentary evidence, the AG’s office says it has demonstrated that Montgomery’s misconduct meets the legal standard for immediate removal. It also says the filing highlights a systemic pattern of corruption, neglect and abuse of authority that has eroded public trust in law enforcement operations in the City of St. Louis.
The motion outlines three specific areas of uncontested misconduct:
Count II: The evidence shows Montgomery ordered deputies to handcuff and detain Deputy Commissioner Ross without authority, violating state law and her civil rights.
Count IV: Montgomery refused to carry out his legal duty to ensure detainees received medical treatment, failing to provide required transports more than sixty times during his first seven months in office, despite clear guidance from prior sheriffs, the City Counselor and the Board of Aldermen that the Sheriff’s Office bears that responsibility.
Count V: Montgomery used on-duty deputies and taxpayer-funded vehicles to transport and supervise his children, a clear violation of Missouri’s prohibition on deriving personal benefit from public office.
“The people of St. Louis deserve leadership that upholds the law, not one that places personal interest above public duty,” Hanaway said. “Our office will continue to fight corruption at every level of government and ensure that the rule of law prevails in every corner of Missouri.”
Under Missouri law, a writ of quo warranto authorizes the Attorney General to remove an official who has unlawfully held office or forfeited it through willful neglect, abuse of duty, or misconduct. This motion seeks the court’s judgment confirming that the standard has been met and that Montgomery’s removal is both necessary and required by law.
