Theodore Green v. City St. Louis

Theodore Green appealed from the judgment on the pleadings in favor of the City of St. Louis on his claim for punitive damages and from the grant of summary judgment in favor of the city on the remainder of his claims. The Missouri Court of Appeals, Eastern District, affirmed in part and reversed and remanded in part. This Court granted transfer to address the issue of whether a defendant may properly raise an affirmative defense in a motion for summary judgment when the affirmative defense was not raised in the defendants answer. Summary judgment is reversed and remanded. The appeal of the judgment on the pleadings is dismissed without prejudice.