Leyva v. Robbins
| Citation | 452 F.Supp.3d 1230 |
| Decision Date | 03 April 2020 |
| Docket Number | Case No. 2:18-cv-00121-RJS-CMR |
| Parties | Heather LEYVA, an individual, Plaintiff, v. Blaine ROBBINS, a Utah Highway Patrol Trooper, Defendant. |
| Court | U.S. District Court — District of Utah |
Robert B. Sykes, Christopher Peter Sorensen, Sykes McAllister Law Offices, Salt Lake City, UT, for Plaintiff.
Heather J. Chesnut, Kyle J. Kaiser, Utah Attorney General's Office, Salt Lake City, UT, Meb W. Anderson, Utah Attorney General's Office, Cedar City, UT, for Defendant.
This civil rights suit arises out of interactions between Plaintiff Heather Leyva and Defendant Blaine Robbins. At the time of those interactions, Robbins worked as the Utah Highway Patrol's Heavy Duty Towing Rotation Coordinator, and Leyva worked as the receptionist and Heavy Duty Towing Rotation liaison for a towing company. Specifically, Leyva claims Robbins violated her Fourth Amendment right against unreasonable seizures and her Fourteenth Amendment right to be free from sexual harassment by a state actor.
Before the court are the parties' cross-motions for summary judgment. Leyva moves for summary judgment on her Fourth and Fourteenth Amendment claims,1 and Robbins moves for summary judgment under the doctrine of qualified immunity.2 Because qualified immunity potentially provides Robbins with immunity from suit, the court begins by evaluating Robbins's Motion. As explained below, the court concludes Robbins is entitled to qualified immunity. For that reason, Robbins's Motion is GRANTED and Leyva's Motion is DENIED.
In November 2016, West Coast Towing (WCT) entered into a Towing Rotation Agreement with the Utah Highway Patrol (UHP).4 Under the terms of the Agreement, UHP would assign lucrative towing jobs to three companies on UHP's Heavy Duty Towing Rotation (HDTR) and each company would tow crippled vehicles from highways in northern Utah.5 Robbins, a UHP Sergeant at the time, served as the "Coordinator" for the Agreement from October 2016 to June 2017.6 As the HDTR Coordinator, Robbins communicated frequently with Leyva at WCT and oversaw the performance of the Agreement.7 Among other things, the Agreement gave Robbins authority to suspend WCT from the HDTR if WCT or one of its employees violated the terms of the Agreement.8
In January 2017, Leyva became a full-time receptionist at WCT, where she also served as WCT's liaison to the UHP.9 As WCT's liaison, Leyva worked with Robbins to ensure WCT fulfilled its responsibilities under the Agreement.10 As part of her duties, Leyva raised with Robbins WCT's concern that UHP disproportionately assigned HDTR towing jobs to WCT's competitors.11 She also appears to have attended some HDTR-related tow jobs.12
Leyva first met Robbins on December 18, 2016, when WCT responded to a HDTR job on Utah's Highway 6 in Spanish Fork Canyon.13 A few months later, on March 18, 2017, Leyva went on a UHP ride-along with Robbins.14 He took Leyva on a tour to his grandparents' house, his favorite fishing holes in Santaquin Canyon, and to dinner at a Wendy's in Provo.15 He also made traffic stops, helped with a car fire, and assisted a vehicle that had "gone off the road in Provo Canyon."16 On March 25, 2017, Leyva texted Robbins, "I'm ready for my next ride along lol."17 After the ride-along, Leyva and Robbins began communicating frequently via text messages and telephone calls.18 Leyva's Fourth and Fourteenth Amendment claims center around events occurring between March 25, 2017, and June 15, 2017.
During that period, Leyva and Robbins texted each other often. Sometimes their exchanges were work related; other times they were not.19 It is difficult to adequately summarize the parties' countless text message exchanges over the course of three months. The exchanges are sometimes initiated by Robbins and sometimes initiated by Leyva. At different times, both suggested to the other that they get together for lunch or exercise. The parties often texted about fitness-related issues, including food, diet, exercise, and a mutual weight-loss challenge they undertook.20 They frequently texted about lunch or dinner plans, and Robbins sometimes invited Leyva out for drinks.21 Although it is unclear how often the parties followed through on their lunch or dinner plans, it is clear they followed through at least occasionally.22 During these meals, they addressed business-related issues.23
Later in the relevant period, Robbins texted Leyva about her physical appearance and her attractiveness.24 For instance, on May 31, 2017, the following exchange occurred:
On at least four occasions, Robbins invited himself over to Leyva's home,26 but never went to her home.27 He also referred to Leyva as "sweet pea," "skinny lady," "my lady," "hot blond chick," and "babe."28 Some of Robbins's text messages included sexual overtures and innuendos,29 and Leyva also initiated or reciprocated messages with sexual overtures and innuendos.30 For example, the following exchange occurred on March 31, 2017:
And the following exchange appears to have occurred on May 1, 2017:
On three occasions, Robbins asked Leyva to send him pictures of herself.33 Although Leyva sent pictures in response to Robbins's first two requests, she did not send a picture in response to Robbins's request for her "sexiest picture."34 Instead, the following exchange occurred:
Many of the messages Robbins sent Leyva were unwanted and upsetting to her.36 Despite this, Leyva asserts she "politely attempted...
To continue reading
Request your trial