Stephens v. Dunn, 453 S.W.3d 241

Decedent Stephens was detained in Greene County on March 9, 2007, transferred to Jasper County Jail, and found dead in his cell that day.
Stephens filed a wrongful death petition on March 9, 2010 naming multiple public officials and John Does I–V associated with Jasper, Greene, and related jails.
Petition alleged deliberate indifference to decedent’s medical/psychological needs and multiple duties to ensure safety and continuous observation, seeking damages and punitive relief.
Summonses were not requested until August 12, 2011, over a year after filing; several motions to dismiss followed, including for Does I–IV to quash purported service.
Affidavits of service for Does I, III, and IV were filed January 17, 2012; the motion court later dismissed these Does for lack of proper service, and sustained others’ motions based on official immunity.
The motion court’s December 28, 2012 order and February 26, 2013 judgment affirmed dismissals; Stephens appealed challenging both official immunity and service issues.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether official immunity bars Stephens' claims against Dunn, Merritt, and Wells	Stephens contends defendants acted outside immunity; petition alleges failure to perform mandated duties.	Dunn, Merritt, and Wells were shielded by official immunity for discretionary acts performed in their official duties.	No reversible error; petition lacked statutory/departmentally mandated duties and pleaded no bad faith or malice.
Whether Does I, III, and IV were properly served or could be served at all	John Does were sufficiently identified in the petition and service was attempted promptly.	John Does were never properly identified or served; service on Sgt. Mauller at Jasper County Jail was invalid.	Correct; lack of proper personal service under Rule 54.13(b) required dismissal.

Southers v. City of Farmington, 263 S.W.3d 603 (Mo. banc 2008) (official immunity shields discretionary acts unless bad faith or malice)
Adolf v. Bd. of Educ. of the City of St. Louis, 706 S.W.2d 443 (Mo. banc 1986) (requires statutory or departmentally-mandated duty to overcome immunity)
Kanagawa v. State ex rel. Freeman, 685 S.W.2d 831 (Mo. banc 1985) (ministerial versus discretionary duties analysis for liability)
State ex rel Missouri Dept. of Agriculture v. McHenry, 687 S.W.2d 178 (Mo. banc 1985) (sovereign/official immunity context in public entities)
Worley v. Worley, 19 S.W.3d 127 (Mo. banc 2000) (service of process requirements; due diligence)
Daniels v. Schierding, 650 S.W.2d 337 (Mo. App. E.D. 1983) (due diligence in service; procedural timing considerations)