Judge Frederick Scullin
The Town of Hannibal operates the Town of Hannibal Water System. Its Water Use Law requires customers to use meters. Bart's Trucking & Water Co. (Bart's) sold bulk water from locations in the Village of Hannibal (Mill Street Property) and the town (Route 104 Property). Town officials shut off the Mill Street Property hydrant for failure to install a meter. They temporarily shut off water at the Route 104 Property. The court granted defendants reconsideration on their claim that it failed to address their qualified immunity after it became clear they were sued in their individual capacities. Reasonable officers could disagree about whether removal of the Mill Street Property hydrant was unlawful. Further, as all water system customers must install meters, and because the Water Use Law authorizes town representatives to "enter the premises of any customer served by the water system…to read meters, examine fixtures and connections and/or make necessary repairs" the individual defendants acted in accordance with the Water Use Law when they temporarily disconnected service illegally connected to the town's water supply. Thus reasonable officers could disagree about whether shutting off the water at the Route 104 Property was unlawful.
