Greene v. Schneider, 2012 Mo. App. LEXIS 934

Greene sues SLCRC Defendants for injuries from a staff-emergency training exercise.
SLCRC is a Missouri DOC facility with discretionary resident movement and an airlock control system.
Emergency Management Committee (Schneider, Coates, Conley) planned a “disgruntled spouse” scenario.
May 28, 2003 exercise involved Conley and Coates simulating marital conflict; Kim Conley involved.
Conley entered the airlock with a weapon; Plaintiff was held at gunpoint and choked for about 15 minutes.
Plaintiff filed August 25, 2008 alleging civil conspiracy and negligent conduct; defendants moved for summary judgment.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether civil conspiracy claim is viable as a matter of law	Greene argues conspiracy underlying a wrongful act.	Defendants contend no underlying wrongful act supports conspiracy.	Conspiracy claim fails as a matter of law.
Whether official immunity or public-duty defenses apply	Plaintiff asserts immunity defeats liability.	Defendants rely on official immunity/public duty protections.	Not necessary to decide given 1; affirmed on 1.

ITT Commercial Fin. Corp. v. Mid-Am. Marine Supply Corp., 854 S.W.2d 371 (Mo. banc 1993) (summary judgment standard; factors for dismissal)
Envirotech, Inc. v. Thomas, 259 S.W.3d 577 (Mo.App. E.D.2008) (civil conspiracy requires underlying tort)
Williams v. Mercantile Bank of St. Louis NA, 845 S.W.2d 78 (Mo.App. E.D.1993) (conspiracy not actionable without underlying tort)
City of Washington v. Warren County, 899 S.W.2d 863 (Mo. banc 1995) (summary judgment may be affirmed on any theory)
Southers v. City of Farmington, 263 S.W.3d 603 (Mo. banc 2008) (official-immunity standard applicable)
Christy v. Petrus, 295 S.W.2d 122 (Mo. banc 1956) (criminal statute cannot automatically create civil remedy absent intent)
In re Marriage of Spears, 995 S.W.2d 500 (Mo.App. S.D.1999) (appellate duty to cite precedent)