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Police Misconduct in St. Louis: Your Constitutional Rights and Legal Options

St. Louis has a complicated and painful history with police misconduct. From the events that followed the shooting of Michael Brown in nearby Ferguson to recent federal indictments of officers who abused their authority during routine traffic stops, the region has been a flashpoint for civil rights advocacy and accountability. For the individuals who experience police misconduct firsthand, the impact is deeply personal: physical injuries, emotional trauma, lost trust, and the overwhelming feeling that the system is stacked against them. It does not have to be that way. Federal and state laws provide real mechanisms for holding officers and departments accountable. At Pleban & Associates, our civil rights practice is built on the belief that nobody is above the law, and our results prove it. J.C. Pleban is recognized as a Best Lawyers® 2026 honoree for Civil Rights Law, reflecting his peers’ acknowledgment of his work in this demanding practice area. He has been recognized by Super Lawyers every year since 2015.

What Constitutes Police Misconduct in Missouri?

Police misconduct is a broad term that encompasses any action by a law enforcement officer that violates an individual’s rights. In the St. Louis area, some examples of police misconduct include excessive force (using more physical force than is necessary, including unjustified use of weapons), false arrest (arresting someone without probable cause), unlawful search (searching a person, vehicle, home, or personal devices without a warrant or valid exception), unlawful seizure (taking property from a car, home, device, etc.) racial profiling (targeting individuals based on race or ethnicity rather than legitimate suspicion), fabrication of evidence or false police reports, sexual misconduct or abuse of authority, failure to intervene when another officer uses excessive force, and retaliation against individuals who file complaints or exercise their rights. Each of these violations can give rise to a civil rights claim under federal and state laws.

Recent Cases Highlight the Problem

The scope of police misconduct in the St. Louis region is not theoretical. It is well documented through recent prosecutions and lawsuits. The Luther Hall Case In one of the most significant civil rights cases in St. Louis history, Pleban & Associates secured a $5 million settlement for Luther Hall, a Black police officer who was brutally beaten by multiple white officers while working undercover during the 2017 protests following the acquittal of officer Jason Stockley. Hall suffered serious injuries requiring surgery. Multiple officers were subsequently indicted on federal civil rights charges. The Florissant Officer Scandal Pleban & Associates represents victims of a former Florissant police officer who was federally indicted on 21 counts after stealing private photos and videos from women’s phones during traffic stops. The officer accessed the women’s devices without consent or legal authority, sent intimate content to his personal phone and then deleted the evidenceand/or took pictures of the content on his phone. This case illustrates how officers can weaponize the power of a traffic stop to commit deeply personal violations of constitutional rights. The Highway Patrol Trooper Indictment A former Missouri State Highway Patrol trooper was federally indicted on multiple counts of deprivation of rights under color of law for allegedly conducting unlawful traffic stops targeting women. The case underscores that misconduct is not limited to any single department. It can occur at the municipal, county, and state level. Pleban & Associates represents multiple victims in the civil case against the trooper. The Shomaker Shooting Pleban & Associates filed a federal lawsuit challenging the circumstances surrounding the fatal police shooting of Taylor Shomaker during a standoff at his mother’s O’Fallon home. The lawsuit alleges that body camera and surveillance footage contradicts the official account of the shooting, raising serious questions about the use of deadly force.

Your Constitutional Protections

The U.S. Constitution provides specific protections against government overreach, and these protections form the legal basis for police misconduct claims. The Fourth Amendment protects you from unreasonable searches and seizures, including excessive force during an arrest or detention. The Fourteenth Amendment guarantees due process and equal protection under the law. The First Amendment protects your right to film police officers in public, to protest peacefully, and to speak out against misconduct without retaliation. These are not abstract legal principles. They are enforceable rights, and 42 U.S.C. § 1983 provides the vehicle for enforcing them in federal court.

How We Build a Police Misconduct Case

Successful civil rights cases against law enforcement require thorough investigation and aggressive litigation. Our approach involves immediate evidence preservation through spoliation letters demanding body camera footage, dash cam recordings, dispatch records, internal affairs files, and personnel records. We work with use-of-force experts and medical professionals to analyze the incident and document injuries, when necessary. We investigate the officer’s history, including prior complaints, disciplinary records, and patterns of misconduct. We examine department policies and training to determine whether systemic failures enabled the misconduct. And we are prepared to take cases to trial, because the threat of a courtroom verdict is the most powerful leverage a civil rights plaintiff has. Our attorneys are experienced in federal court litigation and have the resources to go head-to-head with government defense teams, including the Missouri Attorney General’s office and large defense firms retained by municipalities.

Damages and Compensation

Victims of police misconduct can recover a range of damages depending on the nature and severity of the violation. These include medical expenses for physical injuries, compensation for pain and suffering and emotional distress, lost wages if the incident affected your employment, damages for reputational harm, and punitive damages in cases involving egregious or intentional misconduct. In addition, federal civil rights statutes allow successful plaintiffs to recover attorney’s fees, which means that victims can pursue justice without worrying about upfront legal costs.

Taking the First Step

Many victims of police misconduct feel powerless. They may have been told that nothing can be done, or they may fear retaliation for speaking up. At Pleban & Associates, we understand those concerns, and we are here to tell you that the law is on your side. If you or someone you love has experienced police misconduct in St. Louis or anywhere in this Country but especially in Missouri and Illinois, contact our office for a confidential consultation. We will review the facts of your case, explain your legal options, and help you make an informed decision about how to proceed.

Civil Rights Violations in Missouri: How to Hold Law Enforcement Accountable

When law enforcement officers violate the constitutional rights of the people they are sworn to protect, the consequences for victims can be devastating: physical injuries, emotional trauma, wrongful imprisonment, and a shattered sense of trust in the justice system. Missouri has seen a troubling pattern of civil rights violations by police, from the events in Ferguson that drew national attention to more recent cases involving City of St. Louis officers’ response to protests and officers who abused their authority during routine traffic stops. At Pleban & Associates, civil rights litigation is not a sideline. It is a core part of our practice. Our attorneys have taken on police departments, municipalities, and state agencies and achieved significant results, including a $5 million settlement for a Black police officer beaten by fellow officers while working undercover at a St. Louis protest. J.C. Pleban is recognized by Best Lawyers® in 2026 for Civil Rights Law, a distinction earned through peer review by other top attorneys in the field. He has been recognized by Super Lawyers every year since 2015.

Understanding Section 1983: The Foundation of Civil Rights Claims

The primary legal tool for holding law enforcement accountable is 42 U.S.C. § 1983, a federal statute that allows individuals to sue government employees and public entities for violating their constitutional rights. Section 1983 does not create new rights. Instead, it provides a mechanism to enforce the rights already guaranteed by the U.S. Constitution, including the Fourth Amendment right to be free from unreasonable searches and seizures, the right to be free from excessive force, the right to due process under the Fourteenth Amendment, the First Amendment right to free speech and assembly, and the right to equal protection under the law. To prevail on a Section 1983 claim, you must prove that a person acting under color of state law (such as a police officer, sheriff’s deputy, or correctional officer) deprived you of a right secured by the Constitution and because of that you were damaged. These cases are typically filed in federal court, and they require attorneys with specific experience litigating against governmental entities.

Types of Civil Rights Violations We Handle

Excessive Force and Police Brutality Excessive force occurs when an officer uses more physical force than is reasonably necessary under the circumstances. This can range from unnecessarily violent arrests to the unjustified use of Tasers, batons, pepper spray, K-9s or firearms. An excessive force claim is evaluated under the reasonableness standard of the Fourth Amendment. The test looks at whether an objectively reasonable officer—at the time, not in hindsight—would have used that amount of force. The Supreme Court of the United States has established some relevant considerations, which include: the severity of the crime; whether the suspect poses a threat of harm to others; whether the suspect is  resisting arrest; and other factors, such as whether the situation is “tense, uncertain, and rapidly evolving,” which would force an officer to make “split-second judgments” about how much force is necessary. Our firm has represented victims of severe police violence, including cases involving officers who assaulted civilians at their homes, during protests and during traffic stops, to name a few. False Arrest and Wrongful Imprisonment Law enforcement officers must have probable cause to arrest you. An arrest without probable cause may violate your Fourth Amendment rights and can give rise to a federal civil rights claim. Wrongful imprisonment cases can involve people held without charges, detained on fabricated evidence, or imprisoned after wrongful convictions. Unlawful Search and Seizure The Fourth Amendment protects you from unreasonable searches of your person, home, vehicle, and personal property. Officers generally need a warrant or your voluntary consent to conduct a search. When officers violate these protections (searching your phone without a warrant, for example), they violate your constitutional rights. Pleban & Associates is currently representing victims of a former Florissant police officer and former Missouri State Highway Patrol officer who both accessed women’s phones during traffic stops and stole private photos and videos without any legal authority. These cases demonstrate the real-world consequences of Fourth Amendment violations and the importance of holding officers accountable. Wrongful Conviction When law enforcement misconduct leads to a wrongful conviction through fabricated evidence, coerced confessions, or suppression of exculpatory material, the harm is incalculable. Pleban & Associates has experience overturning wrongful convictions and pursuing civil remedies for those who were unjustly imprisoned.

Why Civil Rights Cases Require Specialized Attorneys

Civil rights cases against law enforcement are among the most challenging in all of litigation. You are suing the government, an adversary with vast resources, experienced lawyers, and the institutional weight of the justice system behind it. Individual defendants in these cases raise qualified immunity, a legal doctrine that protects officers from liability unless their conduct violated clearly established law. Overcoming qualified immunity requires attorneys who are deeply familiar with constitutional law precedent and can demonstrate that the officer’s actions crossed a well-defined legal line. These cases are also almost always litigated in federal court, which has different procedural rules and a different pace than state court. At Pleban & Associates, we are as comfortable in federal court as we are in state court, and our experience includes appeals to the federal appellate courts and the U.S. Supreme Court.

Our Track Record in Civil Rights Litigation

Results matter. Pleban & Associates has achieved significant outcomes in civil rights cases across Missouri. These include a $5 million settlement for a Black undercover police officer assaulted by fellow officers during the 2017 Jason Stockley protests in St. Louis, federal lawsuits on behalf of victims of a former Florissant police officer indicted on 21 federal counts for violating women’s Fourth Amendment rights during traffic stops, a federal lawsuit challenging the police shooting death of young man, alleging that body camera and surveillance footage contradicts official police reports, and representation in cases following the federal indictment of a former Missouri State Highway Patrol trooper who conducted unlawful traffic stops targeting women and taking images from their phones. These cases reflect our commitment to accountability at every level of law enforcement, from individual officers to the departments and municipalities that enable misconduct.

What to Do If Your Civil Rights Have Been Violated

If you believe your constitutional rights have been violated by a law enforcement officer, there are steps you can take to protect yourself and your potential legal claim. First, do not resist, even if the arrest or search is unlawful. Resisting creates additional legal complications and puts your safety at risk. You can address the violation after the fact with the help of an attorney. Document everything. Write down the names and badge numbers of the officers involved, note the date, time, and location, and identify any witnesses. Photograph any injuries. If possible, preserve any video or audio evidence. None of this should be done during the arrest though.  Seek medical attention for any injuries, even those that seem minor. Medical records create important evidence linking your injuries to the incident. Contact an experienced civil rights attorney as soon as possible. Evidence in these cases (including body camera footage, dispatch records, and internal investigation files) can be d subject to destruction if not preserved promptly. Because of this, it is important to get an attorney early to assist.

Damages Available in Civil Rights Cases

Successful civil rights plaintiffs can recover compensatory damages for medical expenses, lost wages, pain and suffering, emotional distress, and reputational harm. In cases involving particularly egregious conduct, courts may also award punitive damages against individuals to punish the wrongdoer and deter future misconduct. Attorney’s fees and litigation costs are also recoverable under federal civil rights statutes.

Wrongful Death Claims in Missouri: What Families Need to Know

Losing someone you love is one of the most painful experiences a family can endure. When that loss is caused by someone else’s negligence, recklessness, or intentional misconduct, the grief is compounded by anger, confusion, and an overwhelming sense of injustice. No amount of money can undo that loss. But Missouri law recognizes that surviving family members deserve both accountability and financial protection. At Pleban & Associates, we have represented families throughout Missouri in wrongful death cases arising from car accidents, trucking collisions, police misconduct, defective products, and workplace negligence. Our results include a $75 million jury verdict  for the family of a man killed by a DWI suspect evading police, one of the largest verdicts in Missouri that year, and a $2.5 million wrongful death settlement that was 100 times the at-fault driver’s policy limits after we proved the insurance carrier acted in bad faith. J.C. Pleban is recognized by Best Lawyers® in 2026 for Personal Injury Litigation and Product Liability Litigation. He has been recognized by Super Lawyers every year since 2015. This guide explains Missouri’s wrongful death laws in plain language so that families facing this situation understand their rights, their options, and the deadlines that could affect their ability to seek justice.

What Is a Wrongful Death Claim Under Missouri Law?

Missouri Revised Statute § 537.080 defines a wrongful death as a death resulting from any act, conduct, occurrence, or circumstance that would have entitled the deceased person to recover damages in a personal injury lawsuit if they had survived. In practical terms, this means a wrongful death claim can be filed whenever someone dies because of another party’s negligence, recklessness, or intentional conduct. Common situations that give rise to wrongful death claims in Missouri include car, truck, and motorcycle accidents, medical malpractice, defective or dangerous products, construction site injuries, premises liability (slip and fall, inadequate security, swimming pool accidents), nursing home abuse and neglect, police use of excessive or deadly force, and criminal acts such as assault or drunk driving. A wrongful death claim is a civil lawsuit, separate from any criminal prosecution. Families can pursue a wrongful death case even if no criminal charges are filed, and even if the person responsible is acquitted in criminal court. The standard of proof in a civil case is lower: the family must show that it is more likely than not that the defendant’s actions caused the death, rather than proving guilt beyond a reasonable doubt.

Who Can File a Wrongful Death Claim in Missouri?

Missouri law establishes a specific priority system for who is eligible to bring a wrongful death lawsuit. Not just anyone can file. The statute divides eligible family members into two classes. Class One: Immediate Family The first class of eligible claimants includes the surviving spouse, children, the deceased’s lineal descendants of any deceased children (including adopted), and the deceased’s father or mother (including adoptive parents). Any member of this class can file the lawsuit. Other Class One members can join the action. When the case involves the death of a minor child, the parents are typically the ones who bring the claim. Class Two: Siblings If there are no surviving Class One members, Missouri law allows the deceased’s siblings or their descendants to file the claim. Class Two members can only file if no Class One members exist or are able to bring the action. Plaintiff Ad Litem If no Class One or Class Two members are available, the court can appoint a plaintiff ad litem to bring the case on behalf of those who would be entitled to share in any recovery. Understanding which class you fall into is important because it affects your legal standing and the process for filing. Only one wrongful death action can be brought against any one defendant for the death of any one person, so coordination among eligible family members is essential. Even if a lawsuit is filed, Pleban & Associates can help you join other class members.

The Three-Year Statute of Limitations

Missouri imposes a strict three-year statute of limitations on wrongful death claims, as set forth in § 537.100. If the lawsuit is not filed within three years, the court will almost certainly refuse to hear the case. Three years may sound like a long time, but these cases require extensive investigation, expert analysis, and careful preparation. Evidence needs to be preserved, witnesses need to be interviewed, and medical records need to be gathered and reviewed. Starting the process early gives your attorney the time needed to build the strongest possible case. Note that this is different from Missouri’s five-year statute of limitations for personal injury claims. Wrongful death has its own, shorter deadline. If you are unsure whether your situation involves a wrongful death or a personal injury claim, consult with an attorney as soon as possible to avoid missing the applicable deadline.

What You Must Prove in a Missouri Wrongful Death Case

To succeed in a wrongful death claim, the plaintiff must establish four elements. First, the defendant owed a duty of care to the deceased. This might be a driver’s duty to operate their vehicle safely, a doctor’s duty to provide competent medical care, or a property owner’s duty to maintain safe conditions. Second, the defendant breached that duty through negligence, recklessness, or intentional misconduct. Third, that breach directly caused or contributed to the death of the person. And fourth, the surviving family members suffered actual damages as a result of the death. Proving these elements typically requires testimony from medical experts, accident reconstruction specialists, economists (to calculate lost income and future financial support), and other professionals. The strength of the evidence your attorney assembles directly affects the outcome of the case.

Compensation Available in a Missouri Wrongful Death Case

Missouri law allows surviving family members to recover a broad range of damages in a wrongful death lawsuit. Under § 537.090, the trier of fact (usually a jury) may award whatever damages it deems fair and just for the death and the resulting losses, with some limitations. The statute allows for recovery of:

pecuniary losses suffered by reason of the death, funeral expenses, and the reasonable value of the services, consortium, companionship, comfort, instruction, guidance, counsel, training, and support of which those on whose behalf suit may be brought have been deprived by reason of such death and without limiting such damages to those which would be sustained prior to attaining the age of majority by the deceased or by the person suffering any such loss.  In addition, the trier of the facts may award such damages as the deceased may have suffered between the time of injury and the time of death and for the recovery of which the deceased might have maintained an action had death not ensued.

Economic Damages Economic damages cover the tangible financial losses caused by the death. These include medical expenses incurred between the time of injury and death, funeral and burial costs, lost income and benefits the deceased would have provided to the family, lost financial support and contributions to the household, and the value of services the deceased would have performed (childcare, home maintenance, and similar contributions). Non-Economic Damages Non-economic damages compensate for the intangible losses that are often the most devastating. These include loss of companionship, comfort, and consortium, loss of parental guidance, instruction, counsel, and training , and support (particularly significant when the deceased was a parent of minor children) that the deceased would have provided. Survival Damages Missouri allows recovery for damages the deceased person suffered between the time of injury and the time of death. This can include the deceased’s pain and suffering during that period, as well as any medical expenses incurred. Missouri does not require a separate survival action. These damages are included within the wrongful death claim itself. Punitive Damages In cases involving especially egregious or malicious conduct, Missouri courts may award punitive damages. These are designed not to compensate the family but to punish the defendant and deter similar behavior by the defendant and others. In many cases there is currently no cap on punitive awards.

Missouri Has No Cap on Most Wrongful Death Damages

This is one of the most important things for families to understand. Missouri does not impose a cap on economic or non-economic damages in most wrongful death cases. A jury is free to award whatever amount it determines is fair based on the evidence. The one exception involves wrongful deaths arising from medical malpractice. In those cases, non-economic damages were capped in 2020 at $700,000.00 (with the cap increasing by 1.7% annually under § 538.210). Economic damages in medical malpractice wrongful death cases are not capped. For wrongful deaths caused by car accidents, truck crashes, defective products, negligence, police misconduct, or other non-medical-malpractice causes, there is no statutory cap on any category of damages. This means that families who have suffered catastrophic losses have the opportunity to recover compensation that genuinely reflects the magnitude of their loss.

Wrongful Death Claims vs. Criminal Charges

Families often wonder whether a wrongful death lawsuit can proceed if no criminal charges are filed, or if the responsible party is acquitted in a criminal case. The answer is yes to both. A wrongful death lawsuit is a civil action, completely separate from the criminal justice system. The two proceedings operate independently, with different standards of proof. In a criminal case, the prosecution must prove guilt beyond a reasonable doubt. In a civil wrongful death case, the family must only prove liability by a preponderance of the evidence, meaning it is more likely than not that the defendant’s actions caused the death. This lower standard of proof means that families can succeed in a wrongful death lawsuit even when a criminal prosecution fails or is never pursued. The most well-known example of this principle occurred in the O.J. Simpson case, where the defendant was acquitted in criminal court but found liable in the subsequent civil wrongful death trial.

Why You Need a Trial Attorney for a Wrongful Death Case

Wrongful death cases are among the most complex and high-stakes matters in civil litigation. They involve substantial damages, multiple categories of loss, expert testimony, and often corporate or institutional defendants with significant legal resources. Insurance companies and defense teams know that most personal injury firms prefer to settle cases rather than go to trial. That knowledge gives them leverage to push for lower settlements. At Pleban & Associates, we are trial attorneys first. Our willingness to take cases to verdict changes the negotiation dynamic. When the other side knows you will go to trial, the settlement offers reflect that reality. Our $75 million verdict is a direct example. In that case, the defendant’s insurance carrier had only $25,000 in bodily injury policy limits and $25,000 in property limits. We pursued the case aggressively and proved bad faith, ultimately securing a verdict that was 1,500 times the original policy limits. We later had arguments that the insurance carrier acted in bad faith and pursued them. In another wrongful death matter, J.C. Pleban secured a $2.5 million settlement that was 100 times the at-fault driver’s $25,000 policy by demonstrating that the insurance carrier acted in bad faith when it refused to settle within its policy limits. These results do not happen by accident. They are the product of thorough preparation, deep knowledge of Missouri law, and the willingness to fight for families who deserve more than a quick settlement.

Steps to Take After the Wrongful Death of a Loved One

In the aftermath of losing a family member, legal action is understandably the last thing on your mind. But there are steps you can take early that will protect your family’s rights and strengthen any future claim. Preserve all evidence related to the death, including medical records, police reports, accident reports, photographs, and any correspondence with insurance companies. Request an autopsy if there is any question about the cause of death. Obtain multiple copies of the death certificate. Do not give recorded statements to any insurance company without first consulting an attorney. Keep a record of all expenses related to the death, including medical bills, funeral costs, travel expenses, and lost wages. Most importantly, contact an experienced wrongful death attorney as soon as you are able. Early involvement allows your attorney to preserve critical evidence (surveillance footage, electronic data, vehicle black boxes), send preservation letters to prevent the destruction of records, begin investigating the circumstances of the death, identify all potentially liable parties, and ensure that you do not miss any filing deadlines.

Understanding Your Rights: Employment Discrimination in Missouri

Nobody should have to choose between their livelihood and their dignity. Yet every day, workers across Missouri face illegal discrimination. Workers are passed over for promotions because of their race, terminated because of their age, harassed because of their gender, or retaliated against for speaking up about workplace misconduct.

Missouri law provides powerful protections for employees who experience discrimination. Understanding those protections is the first step toward holding your employer accountable. At Pleban & Associates, our employment attorneys have secured significant results for workers throughout Missouri, including a $1.1 million settlement in a racial discrimination lawsuit against the City of St. Louis and a $2 million settlement for a client forced out of his job after reporting safety problems.

What Is Employment Discrimination Under Missouri Law?

The Missouri Human Rights Act (MHRA) is the primary state law prohibiting workplace discrimination. It applies to employers with six or more employees and protects workers from discrimination based on race or color, sex (including pregnancy), religion, national origin or ancestry, disability, and age (workers between 40 and 69).

The MHRA covers all aspects of employment: hiring, firing, promotions, compensation, job assignments, training opportunities, and workplace conditions. It also prohibits harassment that creates a hostile work environment based on any of these protected characteristics.

Common Types of Workplace Discrimination

Racial Discrimination
Racial discrimination in employment can be overt (racial slurs, segregation of job duties, or explicit statements about race in hiring decisions) or subtle, such as patterns of excluding minority employees from advancement opportunities, applying disciplinary policies unevenly, or creating a workplace culture that tolerates racial hostility.

Sex and Gender Discrimination
Sex discrimination includes unequal pay for equal work, pregnancy discrimination, sexual harassment (both quid pro quo and hostile work environment), and discriminatory treatment based on gender stereotypes. Missouri employees also have protections under the federal Pregnancy Discrimination Act and the Equal Pay Act.

Age Discrimination
Workers between 40 and 69 are protected under the MHRA. Age discrimination often manifests as pressure to retire, replacement by younger workers, exclusion from training or technology initiatives, or comments suggesting older workers are too slow or out of touch.

Disability Discrimination
Employers must provide reasonable accommodations for employees with disabilities unless doing so creates an undue hardship. Refusing a reasonable accommodation request, terminating an employee because of a disability, or failing to engage in the interactive process required by law are all forms of illegal discrimination.

Retaliation: You Are Protected for Speaking Up

Missouri law makes it illegal for employers to retaliate against employees who report discrimination, participate in investigations, file complaints with the Missouri Commission on Human Rights (MCHR) or the EEOC, or oppose practices they reasonably believe are unlawful.
Retaliation can take many forms: termination, demotion, pay cuts, shift changes, exclusion from meetings, or creating a hostile work environment. Retaliation claims are among the most commonly filed employment charges nationwide, and Missouri courts take them seriously.

How to File a Discrimination Claim in Missouri

If you believe you have been subjected to employment discrimination, you must follow specific procedural steps to preserve your legal rights.

Step 1: File a Charge with the MCHR or EEOC
You have 180 days from the date of the discriminatory act to file a charge with the Missouri Commission on Human Rights. This deadline is strict. Missing it can permanently bar your claim. You may also file with the EEOC, which has a 300-day deadline for a charge of discrimination to be filed.

Step 2: Request a Right to Sue Letter
After 180 days from filing your charge, you can request a Right to Sue Letter from the MCHR. This letter gives you permission to file a lawsuit against your employer in state court. Typically the request occurs after you’ve had the opportunity to review your company’s position statement, which gives the company’s “side of the story.”

Step 3: File Your Lawsuit Within 90 Days
Once you receive your Right to Sue Letter, you must file your lawsuit within 90 days for federal claims. For MHRA claims, it also must be within 90 days, but not later than two years after the subject discrimination. These are strict deadlines. Having an experienced employment attorney involved early in the process helps ensure you meet every deadlines and preserve every legal option.

What Damages Can You Recover?

Missouri employment discrimination plaintiffs can recover back pay (wages lost from the time of discrimination to trial) with interest, front pay (future lost wages), emotional distress damages, punitive damages (in cases of egregious conduct), and attorney’s fees and court costs.
Importantly, Missouri courts have consistently held that you can recover emotional distress damages based on your own testimony alone. You do not need a doctor’s note or therapy records to prove that discrimination caused you emotional harm. Juries in Missouri have awarded substantial emotional distress damages in employment cases, and appellate courts have regularly upheld these awards. Today, however, noneconomic damages, such as emotional distress, have been capped by the Missouri legislature at various levels depending on the number of employees your company employs.

Why Experience Matters in Employment Discrimination Cases

Employment discrimination cases are intensely fact-dependent. Employers will have HR professionals, corporate lawyers, and documented performance reviews designed to create alternative explanations for their decisions. Winning these cases requires an attorney who knows how to cut through pretextual justifications and present the real story to a jury.

J.C. Pleban is recognized by Best Lawyers® in 2026 for his work in Civil Rights Law and Commercial Litigation and by SuperLawyers every year since 2015. His track record includes major results in employment and civil rights cases throughout Missouri, and his experience as both a plaintiffs’ and defense attorney gives him unique insight into employer tactics.