Singer v. Wadman
| Decision Date | 03 September 1982 |
| Docket Number | Civ. No. C-80-0212,C-82-0037W. |
| Citation | 595 F. Supp. 188 |
| Parties | Vickie SINGER, Individually, and Heidi Singer, Suzanne Singer, Timothy Singer, Charlotte Singer, Joseph Singer, Benjamin Singer, and Israel Singer, by and through their natural mother and next friend, Vickie Singer; Vickie Singer as personal representative of the Estate of John Singer, Deceased, and on behalf of the heirs of John Singer, Deceased, Vickie Singer, Heidi Singer, Suzanne Singer, Timothy Singer, Charlotte Singer, Joseph Singer, Benjamin Singer, and Israel Singer, Plaintiff, v. Robert WADMAN, individually and as Director of the Division of Narcotics and Liquor Law Enforcement, South Summit School District, Summit County, Utah, Val D. Edrington, Individually and as Superintendent of the South Summit School District, Utah, Scott M. Matheson, Individually and as the Governor of the State of Utah, Ron Robinson, Individually and as Sheriff of Summit County, Utah, Larry Lunnen, Individually and as Commissioner of Public Safety for the State of Utah, Robert Adkins, Individually and as Summit County Attorney, Summit County, Utah, Terry Christiansen, Individually and as Deputy Summit County Attorney, Summit County, Utah, Larry Henley, Individually and as Deputy Sheriff of Summit County, Utah, Floyd Farley, Individually and as Sargeant of the Utah State Highway Patrol, Robert A. Bates, Individually and as Deputy Sheriff of Summit County, Summit County, Utah, Grant Larson, Individually and as Assistant Director of the Division of Narcotics and Liquor Law Enforcement, State of Utah, Lewis Jolly, Individually and as an officer of the Division of Narcotics and Liquor Law Enforcement, State of Utah, Tom Carlson, Individually and as an officer of the Division of Narcotics and Liquor Law Enforcement, State of Utah, David Fullmer, Individually and as an officer of the Division of Narcotics and Liquor Law Enforcement, State of Utah, Ron Gunderson, Individually and as an officer of the Division of Narcotics and Liquor Law Enforcement, State of Utah, Joe Scouten, Individually and as an officer of the Division of Narcotics and Liquor Law Enforcement, State of Utah, Robert Hayward, Individually and as an officer of Utah State Highway Patrol, and Bill Riggs, Individually and as an officer of the Division of Narcotics and Liquor Law Enforcement, State of Utah, Defendants. Vickie SINGER, individually, and Heidi Singer Swapp, Suzanne Singer Bates, Timothy Singer, Charlotte Singer, Joseph Singer, and Israel Singer by and through their natural mother and next friend, Vickie Singer, Vickie Singer, as personal representative of the Estate of John Singer, deceased, Vickie Singer, Heidi Singer Swapp, Suzanne Singer Bates, Timothy Singer, Charlotte Singer, Joseph Singer, Benjamin Singer and Israel Singer, Plaintiffs, v. Walter D. TALBOT, individually and as State Superintendent of Public Instruction of the State of Utah, Defendant. |
| Court | U.S. District Court — District of Utah |
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Kathryn Collard, Salt Lake City, Utah, G.L. Spence, Robert P. Schuster, Jackson, Wyo., for plaintiffs.
Joseph P. McCarthy, Robert R. Wallace, Asst. Attys. Gen., David W. Slagle, Alan L. Larson, Salt Lake City, Utah, for defendants Robert Wadman, Bill Riggs, Larry Lunnen and Robert J. Reid.
Don J. Hanson, A. Alma Nelson, Salt Lake City, Utah, Walter R. Ellett, Murray, Utah, for defendants South Summit School Dist. and Val D. Edrington.
Joseph P. McCarthy, Robert R. Wallace, Asst. Attys. Gen., Salt Lake City, Utah, for defendants Scott M. Matheson, Robert B. Hansen and J. Wallace Graham, M.D.
P. Keith Nelson, Gary B. Ferguson, Glenn C. Hanni, Robert A. Burton, W. Eugene Hansen, Ralph L. Dewsnup, Salt Lake City, Utah, for defendant Ron Robinson.
P. Keith Nelson, Gary B. Ferguson, Glenn C. Hanni, Robert A. Burton, Salt Lake City, Utah, for defendants Robert Adkins and Terry Christiansen.
P. Keith Nelson, Gary B. Ferguson, Salt Lake City, Utah, for defendant Guarantee Ins. Co.
David W. Slagle, Allan L. Larson, Salt Lake City, Utah, for defendant Compass Ins. Co.
Tim Dalton Dunn, Salt Lake City, Utah, for defendants Farley, Larson, Jolley, Carlson, Fullmer, Gunderson, Scouten and Hayward.
Stewart M. Hanson, Jr., J. Michael Hansen, Salt Lake City, Utah, for defendants Robert A. Bates and Larry Henley.
David L. Wilkinson, Utah State Atty. Gen., John S. McAllister, Asst. Atty. Gen., Salt Lake City, Utah, for defendant Walter D. Talbot.
This is an action under 42 U.S.C. § 1983 and the common law for damages arising from the death of John Singer, who was shot and killed by law enforcement officers attempting to arrest him. Pending before the court are some twenty-odd motions, including summary judgment motions covering all defendants. The motions have been exhaustively briefed by the parties through approximately 1,000 pages of memoranda. In addition, the court is aided in deciding these motions by thousands of pages of deposition testimony and nearly two full days of oral argument. In all, 72 persons have been deposed by the parties. After careful analysis of all of the foregoing, the court issues this memorandum decision and order.
While the court has some misgivings about attempting to abbreviate the myriad calamitous facts giving rise to this action to something less than a Tolstoyan epic, such an exercise is necessary to put the resolution of these motions in proper perspective. John Singer and his wife lived with their seven children on a two and one-half acre parcel of land near the small farm community of Marion, Summit County, Utah. The most important thing in the family's life was their belief in and their reliance on God. The family followed the will of God, as set out in scripture and determined by revelation and answers to prayers, in all their actions. The Singers all affiliated with the Church of Jesus Christ of Latter-day Saints (the Mormon Church), the predominant church in their community until May 31, 1972, when John and Vickie were excommunicated by that organization. Their beliefs and actions were nevertheless governed by the Mormon scripture, including the Holy Bible, the Book of Mormon, the Doctrine and Covenants, and the Pearl of Great Price. They further placed great emphasis on the Mormon belief in personal revelation direct from God and prayed for and received guidance in all substantial undertakings. The Singer family's reliance on God was so complete that for a period of years they would not utilize medical or dental aids but relied solely on the healing power of God, despite various afflictions.
The saga begins on March 29, 1973, when Vickie and John Singer withdrew their children from the South Summit Elementary School at Kamas, Utah, objecting to the public school's teachings and the environment to which their children were being exposed. The children were in some respects teased and made fun of. The Singers viewed the school environment as permitting of and containing behavior to which they were opposed: vulgarity, sex, and drug use. The Singers objected to the long hours and wasted time involved in standard classroom education. Additionally, they could not accept some of the teachings of secularistic education.
The Singers contemplated removing their children from school for some time and prayed concerning the matter. The incident that triggered the March 29 withdrawal was a reader containing the pictures of George Washington and Martin Luther King "side by side as equals and great men." Vickie Singer Journal at 240. John Singer viewed King as a traitor to the country and didn't believe textbooks should promote integration and mixture of races. Vickie Singer Deposition at 169-170.
Soon after the Singers removed their children from school, they were visited by defendant Edrington, the Superintendent of South Summit School District, and Mr. Boyd Lake, the Pupil Personnel Director. After an additional meeting with the Singers and the School Board, Edrington apparently wrote a letter to State School Superintendent Walter D. Talbot posing questions to Talbot concerning the state law on home education. Dr. Talbot responded in a letter dated May 9, 1973, in which he gave Edrington a general interpretation of the State Compulsory Attendance Law:
Deposition of Walter D. Talbot at Exhibit 12. Under the direction of the School Board, Edrington wrote a letter to the Singers dated May 25, 1973, notifying them, in accordance with Talbot's instructions, that they might teach their children at home "if they are taught in the branches prescribed by law for the same length of time as children are required by law to be taught in the district schools." Id. See Vickie Singer Deposition at Exhibit 3.
Edrington's letter to the Singers stated that if the...
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