Case: Cottrell v. Kaysville City, Utah

1:91-cv-00095 | U.S. District Court for the District of Utah

Filed Date: Oct. 7, 1991

Closed Date: Nov. 28, 1995

Clearinghouse coding complete

Case Summary

This is a case about whether a 1990 arrest for driving under the influence and subsequent strip search were legal. The plaintiff, a woman who had been arrested on drunk driving charges, filed this lawsuit in the United States District Court for the District of Utah on October 7, 1991. The case was assigned to District Judge Dee Benson. The plaintiff sued the City of Kaysville, Utah, one of its police officers, and Davis County and two sheriff's deputies, under 42 U.S.C. § 1983 for wrongful arre…

This is a case about whether a 1990 arrest for driving under the influence and subsequent strip search were legal. The plaintiff, a woman who had been arrested on drunk driving charges, filed this lawsuit in the United States District Court for the District of Utah on October 7, 1991. The case was assigned to District Judge Dee Benson. The plaintiff sued the City of Kaysville, Utah, one of its police officers, and Davis County and two sheriff's deputies, under 42 U.S.C. § 1983 for wrongful arrest and an illegal strip search. Represented by private counsel, the plaintiff sought damages and presumably attorneys' fees in compensation for the violation of her constitutional rights. We do not have access the complaint, but the case's opinions provided some of the important details.

On July 27, 1990, the plaintiff was arrested on charges of driving under the influence. The basis for those charges was disputed by the parties. After receiving a complaint, a Kaysville police officer pulled over the plaintiff's car. The officer then performed several field sobriety tests, though the parties did not agree on how many the plaintiff passed or failed. When the officers asked if she had consumed any substances, the plaintiff told the officers that she had taken a prescribed seizure medication. Based on that evidence, the officers arrested the plaintiff and booked her into the Davis County Jail. She alleged that during booking, one of the arresting officers ordered the deputies on duty that night to strip search her. This was in spite of the fact that she was wearing "light summer clothing" and had already been patted down, with no contraband found. She then sued the arresting officer and the sheriff's deputies who performed the search.

On January 7, 1992, the defendants moved for summary judgment. Judge Benson granted that motion on September 24, 1992. He found that the defendant officer had probable cause to arrest the plaintiff and that strip search was constitutional as the defendants were concerned that the plaintiff was concealing drugs and because she was going to be placed in the general population of the jail. 801 F. Supp. 572.

The plaintiff appealed the case to the United States Court of Appeals for the Tenth Circuit on October 6, 1992. On May 18, 1993, a Tenth Circuit panel consisting of Circuit Judges Diana Moore and Wade Brorby and District Judge George Thomas Van Bebber reversed the district court's opinion below. 994 F.3d. 730. The court found that summary judgment was improperly granted on the wrongful arrest claim because several factual disputes between the parties remained. It found the same with respect to the illegal strip search claim, but noted that it was "unclear in this situation what the purpose of the strip search was" given that the plaintiff was wearing light clothing, had previously been patted down, and it was unclear that she was going to be placed into the general population of the jail. The court then remanded the case back to the district court.

After an October 16, 1995 settlement conference, the parties stipulated to the dismissal of this case on November 21, 1995. Presumably there was a settlement, but it is not available on the docket.

According to the docket, the case was closed November 28, 1995.

Summary Authors

Jonah Hudson-Erdman (2/9/2021)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/9503075/parties/cottrell-v-kaysville-cty-ut/


Judge(s)

Benson, Dee Vance (Utah)

Brorby, Wade (Wyoming)

Porfilio, John Carbone (Colorado)

VanBebber, George Thomas (Kansas)

Attorneys(s) for Plaintiff

Fadel, George K. (Utah)

Attorneys(s) for Defendant

Hess, Gerald E. (Utah)

Lambert, Dale J. (Utah)

Porter, Karra J. (Utah)

Wilson, Melvin C. (Utah)

Judge(s)

Benson, Dee Vance (Utah)

Brorby, Wade (Wyoming)

Porfilio, John Carbone (Colorado)

VanBebber, George Thomas (Kansas)

Attorneys(s) for Plaintiff

Fadel, George K. (Utah)

Attorneys(s) for Defendant

Hess, Gerald E. (Utah)

Lambert, Dale J. (Utah)

Porter, Karra J. (Utah)

Wilson, Melvin C. (Utah)

Documents in the Clearinghouse

Document

Docket (PACER)

Cottrell v. Kaysville City, UT

Nov. 28, 1995 Docket
26

Memorandum Decision and Order

801 F.Supp. 572

Sept. 24, 1992 Order/Opinion

Per Curiam Opinion

U. S. Court of Appeals for the Tenth Circuit

994 F.2d 730

May 18, 1993 Order/Opinion

Docket

See docket on RECAP: https://www.courtlistener.com/docket/9503075/cottrell-v-kaysville-cty-ut/

Last updated May 11, 2022, 8 p.m.

ECF Number Description Date Link
1

Complaint filed; assigned to BSJ. Filing fee pd. 43447. (Entered: 10/08/1991)

Oct. 7, 1991 PACER

Summons(es) issued for Kaysville Cty Ut, Robert L. Nace, Robert L. Nace

Oct. 7, 1991 PACER
2

Demand for jury trial by Lisa Ann Cottrell (Entered: 10/08/1991)

Oct. 7, 1991 PACER
3

Order of Reference 28:636 b1B signed by BSJ (Entered: 10/09/1991)

Oct. 9, 1991 PACER
4

Return of summons executed as to Kaysville Cty Ut, Robert L. Nace 10/8/91 Answer due on 10/28/91 for Robert L. Nace, for Kaysville Cty Ut (Entered: 10/10/1991)

Oct. 9, 1991 PACER

Case referred to Judge Ronald N. Boyce

Oct. 11, 1991 PACER
5

Notice of Case Reassigned to Judge Benson. (Entered: 10/31/1991)

Oct. 31, 1991 PACER

Case reassigned to Judge Dee V. Benson

Nov. 1, 1991 PACER
6

Answer to Complaint by Kaysville Cty Ut, Robert L. Nace; jury demand (Entered: 11/04/1991)

Nov. 1, 1991 PACER
7

NTC affirming previous order of reference entered prior to judicial reassignment. (Entered: 11/06/1991)

Nov. 6, 1991 PACER
8

Notice of Hearing: Initial Pretrial Conference before RNB set for 1:30 11/25/91 (Entered: 11/15/1991)

Nov. 15, 1991 PACER
9

Certificate of service of notice of service of request for production of documents by Lisa Ann Cottrell (Entered: 11/19/1991)

Nov. 18, 1991 PACER
10

Amended complaint by Lisa Ann Cottrell, against Robert L. Nace, Davis County, Utah, Mary Haddock Robb, Lorine Ann Kemner :amends [1-1] complaint (Entered: 11/27/1991)

Nov. 26, 1991 PACER
11

Scheduling order signed by RNB setting Joining of parties, amending of pleadings on 1/2/92 Deadline for filing of all motions 4/1/92 Discovery cutoff 3/1/92 (Entered: 11/29/1991)

Nov. 26, 1991 PACER
12

Notice of Hearing: Initial Pretrial Conference set for 10:15 1/27/92 before Mag. cc:atty (ce) (Entered: 12/18/1991)

Dec. 18, 1991 PACER
13

Answer by Kaysville Cty Ut, Mary Haddock Robb to amended complaint (Entered: 01/02/1992)

Dec. 31, 1991 PACER
14

Answer by Kaysville Cty Ut, Robert L. Nace to amended complaint; jury demand (Entered: 01/06/1992)

Jan. 3, 1992 PACER
15

Acknowledgement of service as to Davis County, Utah 12/31/91 c/o Gerald E. Hess, Esq. Answer due on 1/20/92 for Davis County, Utah (ce) (Entered: 01/06/1992)

Jan. 6, 1992 PACER
16

Motion for summary judgment (Entered: 01/08/1992)

Jan. 7, 1992 PACER
17

Memorandum by Kaysville Cty Ut, Robert L. Nace in support of [16-1] motion for summary judgment (Entered: 01/08/1992)

Jan. 7, 1992 PACER
18

Certificate of service by Kaysville Cty Ut, Robert L. Nace of dft resp to pla request for prod of docs. (Entered: 01/13/1992)

Jan. 10, 1992 PACER
19

Memorandum by Lisa Ann Cottrell in opposition to [16-1] motion for summary judgment (ce) (Entered: 01/14/1992)

Jan. 13, 1992 PACER
20

Affidavit of Lisa Ann Cottrell (ce) (Entered: 01/14/1992)

Jan. 13, 1992 PACER
21

Notice of Hearing filed : terminated deadlines re initial pretrial conf orig set for 1/27/92 before mag (scheduling order executed 11/26/91 JUDGE: n/a (ce) (Entered: 01/14/1992)

Jan. 14, 1992 PACER
22

Notice by Lisa Ann Cottrell to take deposition of Robert L. Nace, 1/22/92 @ 10:00 (Entered: 01/16/1992)

Jan. 15, 1992 PACER
23

Supplement to Memorandum by Lisa Ann Cottrell in opposition to [16-1] motion for summary judgment (Entered: 04/07/1992)

April 3, 1992 PACER
24

Notice of Hearing filed : Motion hearing set for 8:30 9/2/92 for [16-1] motion for summary judgment JUDGE: Hon Dee Benson (Entered: 05/18/1992)

May 18, 1992 PACER

Motion in open court by Lorine Ann Kemner, Mary Haddock Robb, Davis Cnty UT, for summary judgment (ce)

Sept. 2, 1992 PACER
25

Minute entry: granting [0-0] motion for summary judgment made orally 9/2/92 on behalf of Davis Co, Robb & Kemner; granting [16-1] motion for summary judgment. The crt will prepare an order. Judge: DB Court Reporter: Ed Young Court Deputy: Deana H. Scott (ce) (Entered: 09/10/1992)

Sept. 2, 1992 PACER
26

Memorandum Decision granting [0-0] motion for summary judgment, granting [16-1] motion for summary judgment signed by DB, 9/24/92. Dfts Kaysville City & Officer Nace's mot/sum jgm gr. Dfts Davis Co., Mary Haddock Robb & Lorine Ann Kemner's oral mot/sum jgm gr. cc: atty (ce) (Entered: 09/30/1992)

Sept. 30, 1992 PACER
27

Judgment for Lorine Ann Kemner, Mary Haddock Robb, Davis Cnty UT, Robert L. Nace, Kaysville Cty UT against Lisa Ann Cottrell signed by Louise Saltus York, Chief Deputy Clerk, 10/5/92. Jgm entered in favor of dfts against pla & pla's cause of action dism. cc: atty (ce) (Entered: 10/06/1992)

Oct. 5, 1992 PACER

Case closed (ce)

Oct. 5, 1992 PACER

CASE NO LONGER REFERRED TO Judge Ronald N. Boyce (ce)

Oct. 5, 1992 PACER
28

Notice of appeal by Lisa Ann Cottrell appealing from the final mem dec and order of sum jgm entered 9/30/92 ; Fee Status: paid #049909 (Entered: 10/06/1992)

Oct. 6, 1992 PACER
29

Notice of appeal and certified copy of docket to USCA; appeal packets to cnsl RE: [28-1] appeal (Entered: 10/06/1992)

Oct. 6, 1992 PACER
30

No Transcript requested [28-1] appeal (Entered: 10/28/1992)

Oct. 28, 1992 PACER
31

Certified copy of mandate from USCA Re: [28-1] appeal reversing the decision of the Dist Crt and remanding it for further proceedings consistent with the 10th Cir opinion (Entered: 06/11/1993)

June 11, 1993 PACER

Case reopened (ss)

June 11, 1993 PACER
32

Request for hrg/scheduling conference filed by Lisa Ann Cottrell (Entered: 03/17/1994)

March 17, 1994 PACER
33

Request for hrg filed by Lisa Ann Cottrell re: Sched Conference (Entered: 04/04/1995)

April 4, 1995 PACER
34

Notice of Hearing filed : scheduling conference set for 2:30 5/11/95 JUDGE: Benson; cc:attys (Entered: 04/14/1995)

April 14, 1995 PACER
35

Minute entry: Sched cnf held; scheduling order deadlines: setting Discovery deadline on 8/1/95 Deadline for filing of all motions by 8/15/95 Final Pretrial Conference for 2:30 10/18/95 Jury Trial for 8:30 11/1/95 ; Judge: Benson Court Reporter: Ed Young Court Deputy: Kim Jones (kj) (Entered: 05/11/1995)

May 11, 1995 PACER
36

Certificate of service by Kaysville Cty UT of 1st Set of Interrog and Req for Prod of Docs (Entered: 05/17/1995)

May 16, 1995 PACER
37

Notice by Kaysville Cty UT to take deposition of Lisa Ann Cottrell - 6/28/95 (ss) (Entered: 06/08/1995)

June 7, 1995 PACER
38

Request for hrg filed by Robert L. Nace, Kaysville Cty UT re: settlement cnf (ss) (Entered: 08/30/1995)

Aug. 29, 1995 PACER
39

Order of Reference,purs to 28:636(b)(1)(A), mag to hold scheduling and settlement cnf in this case signed by DB, 9/18/95;cc: attys (ss) (Entered: 09/19/1995)

Sept. 18, 1995 PACER
40

Case referred to Judge Ronald N. Boyce (ss) (Entered: 09/22/1995)

Sept. 21, 1995 PACER

Case referred to magistrate under 28:636(b)(1)(A). (ss)

Sept. 22, 1995 PACER
41

Notice of Hearing filed : settlement conference set for 2:00 10/16/95 JUDGE: RNB (ss) (Entered: 09/27/1995)

Sept. 26, 1995 PACER
42

Stipulation by Lorine Ann Kemner, Mary Haddock Robb, Davis Cnty, Robert L. Nace, Kaysville Cty UT, Lisa Ann Cottrell stipulated motion to dismiss with prejudice (ss) (Entered: 11/21/1995)

Nov. 21, 1995 PACER

Proposed order re: dismissal w/prejudice (ss)

Nov. 21, 1995 PACER
43

Order granting [42-1] stipulated motion to dismiss with prejudice signed by DB, 11/22/95 (ss) (Entered: 11/28/1995)

Nov. 28, 1995 PACER

CASE NO LONGER REFERRED TO Judge Ronald N. Boyce (ss)

Nov. 28, 1995 PACER

Case closed (ss)

Nov. 28, 1995 PACER

State / Territory: Utah

Case Type(s):

Jail Conditions

Key Dates

Filing Date: Oct. 7, 1991

Closing Date: Nov. 28, 1995

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Motorist arrested for driving under the influence who was strip searched at county jail

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Kaysville City, Utah (Kaysville, Davis), City

Davis County, Utah (Davis), County

Defendant Type(s):

Law-enforcement

Case Details

Causes of Action:

42 U.S.C. § 1983

Constitutional Clause(s):

Unreasonable search and seizure

Availably Documents:

Trial Court Docket

Any published opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Unknown

Source of Relief:

Settlement

Issues

General:

Search policies

Strip search policy

Type of Facility:

Government-run