451 F.3d 1139 (10th Cir. 2006), 04-4140, Walker v. City of Orem

Docket Nº:04-4140, 05-4016, 05-4025, 05-4038.
Citation:451 F.3d 1139
Party Name:David WALKER, for himself and as next best friend for Cadin Wayne Walker, McKaela Tandi Walker and Andrew Walker; Debbie Walker, for herself, as Personal Representative of the Estate of David Walker, as next best friend for Cadin Wayne Walker, McKaela Tandi Walker and Andrew Walker; Patti Walker Stratton; Chad Stratton; Tyree Lamph, individually, a
Case Date:June 27, 2006
Court:United States Courts of Appeals, Court of Appeals for the Tenth Circuit
 
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Page 1139

451 F.3d 1139 (10th Cir. 2006)

David WALKER, for himself and as next best friend for Cadin Wayne Walker, McKaela Tandi Walker and Andrew Walker; Debbie Walker, for herself, as Personal Representative of the Estate of David Walker, as next best friend for Cadin Wayne Walker, McKaela Tandi Walker and Andrew Walker; Patti Walker Stratton; Chad Stratton; Tyree Lamph, individually, and for and on behalf of Dakota ("Cody") Lamph; Amy Melissa Lamph, individually, and for and on behalf of Dakota ("Cody") Lamph, Plaintiffs-Appellees,

v.

CITY OF OREM, a Utah municipality; Harold Peterson, Officer; City of Pleasant Grove, a Utah municipality; John Clayton, Officer; B.J. Robinson, Officer; Gordon Smith, officer of the Department of Public Safety, Orem City, individually, Utah County; David Bateman, Sheriff of Utah County, in his official and individual capacity; Darin Durfey, Detective; Patty Johnston, Detective; Tom Hodgson, Detective, Defendants,

and

Jerry Monson, Sgt.; Meret Lance McDaniel, Deputy, all of the Utah County Sheriff's Department, in their individual capacities, Defendants-Appellants.

David Walker, for himself and as next best friend for Cadin Wayne Walker, McKaela Tandi Walker and Andrew Walker; Debbie Walker, for herself, as Personal Representative of the Estate of David Walker, as next best friend for Cadin Wayne Walker, McKaela Tandi Walker and Andrew Walker; Patti Walker Stratton; Chad Stratton; Tyree Lamph, individually, and for and on behalf of Dakota ("Cody") Lamph; Amy Melissa Lamph, individually, and for and on behalf of Dakota ("Cody") Lamph, Plaintiffs-Appellees,

v.

City of Orem, a Utah municipality; City of Pleasant Grove, a Utah municipality; John Clayton, Officer; B.J. Robinson, Officer; Utah County; David Bateman, Sheriff of Utah County, in his official and individual capacity; Jerry Monson, Sgt.; Darin Durfey, Detective; Patty Johnston, Detective; Tom Hodgson, Detective; Meret Lance McDaniel, Deputy, all of the Utah County Sheriff's Department, in their individual capacities; Gordon Smith, officer of the Department of Public Safety, Orem City, individually, Defendants,

and

Harold Peterson, Officer, Defendant-Appellant.

Debbie Walker, as Personal Representative of the Estate of David Walker, and as next best friend for Cadin Wayne Walker, McKaela Tandi Walker and Andrew Walker; David B. Walker, for himself and as next best friend for Cadin Wayne Walker, McKaela Tandi Walker and Andrew Walker; Tyree Lamph; Amy Melissa Lamph; Patti Stratton Walker; Chad Stratton, Plaintiffs-Appellees,

v.

Orem City, a Utah municipality; Harold Peterson, Officer; Pleasant Grove City, a Utah municipality; B.J. Robinson, Officer; Richard Case; Utah County; David Bateman; Jerry Monson; Meret Lance McDaniel; Gordon Smith; ((FNU)) Gilbert, Defendants,

and

John Clayton, Officer, Defendant-Appellant.

Debbie Walker, as personal representative of the Estate of David Walker, and as next best friend for Cadin Wayne Walker, McKaela Tandi Walker and Andrew Walker; David Walker, Sr., for himself and as next best friend for Cadin Wayne Walker, McKaela Tandi Walker and Andrew Walker; Tyree Lamph, and Amy Melissa Lamph, individually and on behalf of Dakota ("Cody") Lamph; Patti Stratton Walker; Chad Stratton, Plaintiffs-Appellants,

v.

Orem City, a Utah municipality; Harold Peterson, Officer; Pleasant Grove City, a Utah municipality; John Clayton, Officer; B.J. Robinson, Officer; Richard Case; David Bateman, Sheriff of Utah County, in his official and individual capacity; Darin Durfey; Gordon Smith; ((FNU)) Gilbert, Defendants,

and

Utah County; Jerry Monson; Meret Lance McDaniel, Defendants-Appellees.

Nos. 04-4140, 05-4016, 05-4025, 05-4038.

United States Court of Appeals, Tenth Circuit.

June 27, 2006

APPEAL FROM THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF UTAH, D.C. No. 2:02-CV-253-TS

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Submitted on the briefs:[*]

Jesse C. Trentadue, Michael W. Homer, Suitter Axland, Salt Lake City, Utah for Defendants-Appellants in 04-4140, for Defendants-Appellees in 05-4038.

Margaret D. Plane, American Civil Liberties Foundation, Inc., Salt Lake City, Utah for Plaintiffs-Appellees in 04-4140, for Plaintiffs-Appellants in 05-4038.

Ralph E. Chamness, Lauren I. Scholnick, Erika Birch, Strindberg, Scholnick & Chamness, LLC, Salt Lake City, Utah for Plaintiffs-Appellees in 04-4140, 05-4016, 05-4025, and for Plaintiffs-Appellants in 05-4038.

Andrew M. Morse, Heather S. White, Snow Christensen & Martineau, Salt Lake City, Utah for Defendant-Appellant in 05-4016.

Peter Stirba, Gary R. Guelker, Stirba & Associates, Salt Lake City, Utah for Defendant-Appellant in 05-4025.

Before HARTZ, EBEL, and McCONNELL, Circuit Judges.

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EBEL, Circuit Judge.

We have consolidated the present appeals for purposes of disposition. These appeals arise out of a police shooting in a rural area of American Fork, Utah, and the subsequent detention of witnesses to the shooting. The plaintiffs include Debbie Walker, mother and personal representative of the estate of David Walker who died in the shooting, and various other relatives of David Walker who have asserted claims arising out of the shooting and the subsequent detention.

In Case No. 04-4140, Officers Jerry Monson and Lance McDaniel of the Utah County Sheriff's Office appeal from the district court's order denying their motion to dismiss plaintiffs' complaint based on qualified immunity. Case No. 05-4038 is an appeal by the plaintiffs, who challenge the district court's grant of summary judgment based on qualified immunity to Officers Monson and McDaniel, and its grant of summary judgment to Utah County, on claims arising out of their detention subsequent to the shooting. Cases 05-4016 and 05-4025 are brought, respectively, by Orem City Sergeant Harold Peterson and Pleasant Grove Officer John Clayton, the officers who shot and killed David Walker. They challenge the district court's denial of their motions for summary judgment based on qualified immunity.

We reverse the district court's denial of qualified immunity to Officers Monson and McDaniel in Case No. 04-4140, and remand for a grant of qualified immunity to those officers. In Case No. 05-4038, we vacate the district court's grant of summary judgment to officers Monson and McDaniel for lack of jurisdiction, but affirm the grant of summary judgment in favor of Utah County. We dismiss cases 05-4016 and 05-4025 in part for lack of appellate jurisdiction, and affirm in part.

Finally, we note that plaintiffs sued a number of defendants associated with the Utah County Sheriff's Office, including its sheriff, David Bateman, who was named in both his individual and official capacities. In a stipulated order dated July 6, 2004, all Utah County defendants except for Utah County and Officers Monson and McDaniel, were dismissed without prejudice.1 Aplt. App., No. 04-4140, at 258-59. As we read this order, Sheriff Bateman was dismissed in both his individual and official capacities. Although the district court's subsequent summary judgment order purported to grant summary judgment in favor of the "Utah County Sheriff's Office," we understand its order to refer to defendant Utah County. Accordingly, in this opinion, we refer to the municipal entity to which summary judgment was granted, from which the plaintiffs now appeal, as "Utah County."

FACTS

While all of the appeals arise out of the same basic factual nexus, the significance of the operative facts differs according to the appellate context of each appeal.2 We

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will therefore begin with a recitation of the basic facts contained in plaintiffs' district court complaints. Further facts developed during the summary judgment proceedings will then be presented in their appropriate context, as part of the analysis of particular claims.3

Two complaints were filed in this action, No. 2:02CV-0253ST (the "shooting complaint"), naming the Cities of Orem, Pleasant Grove, and Lehi, and Officers Peterson, Clayton, Robinson, Smith, Terry and Munson, and No. 2:02CV-1427BSJ (the "detention complaint"), naming Utah County, various Utah County Sheriff's Department employees, Gordon Smith, and the City of Orem. The complaints were consolidated on plaintiffs' motion.

The Shooting Complaint

Plaintiffs allege that on December 28, 1998, David Walker took his sister Patti Walker Stratton's Subaru from the home of his parents David Walker, Sr. and Debbie Walker. After switching the license plates on the vehicle, he continued driving it. Later that day, he called his mother, Debbie Walker, and indicated that he was suicidal. In order to obtain assistance in locating her son from the Utah County Sheriff's Office, Debbie Walker reported the vehicle as stolen.

The next day, David again called his mother at home and again reported he was suicidal. Law enforcement assisted family members in tracing the call to a gas station in Orem, Utah. Orem officers responded to the identified location but David Walker eluded them.

Officers Peterson of Orem and Clayton of Pleasant Grove thereafter became involved in pursuing David through several municipal and Utah County jurisdictions. Initially, the Orem police dispatch reported that David was a threat to his family and others; this, however, was later corrected to report that he was merely a danger to himself. The Utah County Sheriff's office channel reported that David was unarmed and was going to his parents' home.

David arrived in the driveway of the rural Walker residence, followed by Officers Peterson and Clayton.4 Plaintiffs allege that this parking area was "well-lit by a full moon, a...

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