FPS&S Wins Federal Deployment Right to Salary Appeal
Plaintiff, who was an elected clerk and member of the Missouri National Guard filed suit alleging he was entitled to continued payment of his Clerk’s salary while deployed on active federal military duty for 400 days. The arguments raised by Plaintiff were novel and there was previously no reported appellate opinions on the relevant statutory provisions. Plaintiff moved for Summary Judgment. FPS&S partners, Jacob Bielenberg and Christopher Heigele, opposed the Summary Judgment motions and separately moved for Judgment on the Pleadings contending Plaintiff was entitled to payment of his salary for only 120 hours per federal fiscal year during his deployment. The circuit court denied Plaintiff’s motion for Summary Judgment and granted the Defendants’ motion, ultimately entering judgment in their favor. Plaintiff appealed. In a unanimous decision from the panel, The Missouri Court of Appeals for the Western District affirmed the circuit court’s grant of judgment in favor of the Defendants.
The entire opinion from the Missouri Court of Appeals can be read here: David Woody vs. Patrick Clark, Jay Bettis, & Richard Riddell :: 2025 :: Missouri Court of Appeals Decisions :: Missouri Case Law :: Missouri Law :: U.S. Law :: Justia