Case: Foote v. Spiegel

2:94-cv-00754 | U.S. District Court for the District of Utah

Filed Date: Aug. 1, 1994

Closed Date: Feb. 16, 2001

Clearinghouse coding complete

Case Summary

A motorist brought this suit under § 1983 against Utah State Troopers, corrections officers, and the state of Utah on August 1, 1994 in the U.S. District Court for the District of Utah. The motorist alleged that the officers violated her Fourth Amendment rights and the Americans with Disabilities Act (ADA) when they strip searched after a traffic stop. The motorist sought damages for these alleged violations. She was represented by McCullough, Jones & Ivins and the American Civil Liberties Unio…

A motorist brought this suit under § 1983 against Utah State Troopers, corrections officers, and the state of Utah on August 1, 1994 in the U.S. District Court for the District of Utah. The motorist alleged that the officers violated her Fourth Amendment rights and the Americans with Disabilities Act (ADA) when they strip searched after a traffic stop. The motorist sought damages for these alleged violations. She was represented by McCullough, Jones & Ivins and the American Civil Liberties Union, Salt Lake City Chapter. The case was assigned to Judge David Winder. 

On May 8, 1994, the motorist and her passenger—who was shirtless, had long hair, and whose arm-length tattoos were clearly visible—were driving when state troopers pulled them over purportedly for a suspected fraudulent registration and driving too slow in the passing lane. Based on the motorist's slow speech and bloodshot eyes, the officers arrested her for driving under the influence and brought her to a local jail. While at the jail, and prior to her booking, a correctional deputy strip-searched the plaintiff.

The motorist claimed that the officers violated the ADA by failing to recognize the symptoms of her neurological problems and, instead, concluding that she was under the influence of drugs. She also claimed that the stop was pre-textual; that the officers stopped the car due to her passenger's unusual appearance. In addition, the motorist alleged that the officers lacked legal justification for: (1) detaining her once they had verified her registration; (2) searching her vehicle (3) arresting her; and (4) strip searching her. She also alleged a general conspiracy amongst the officers

On October 23, 1995, the court ruled on cross-motions for summary judgment. 903 F. Supp. 1463. Defendants' motions for summary judgment were granted on the issues of lawful arrest, lawful search of the vehicle, and supervisory liability. The court denied defendants motion for summary judgment as to the motorist's pretextual stop allegation. However, the court granted the motorist's motion for summary judgment as to unlawful detention and unreasonable strip search despite the officers' qualified immunity claims. The court also dismissed the motorist's general conspiracy claim.

The parties cross-appealed parts of the October 23 order, and the Tenth Circuit Court of Appeals requested briefing on the appealability of these issues. The Tenth Circuit issued its order regarding appealability on July 8, 1997. 118 F.3d 1416. The officers appealed the district court's grant of summary judgment in the motorist's favor regarding her roadside detention and strip search claims. Citing Mitchell v. Forsyth, 472 U.S. 511, 105 S.Ct. 2806, 86 L.Ed.2d 411 (1985) the officers claimed that they were entitled to qualified immunity on those two claims. The Tenth Circuit requesting briefing on these claims because not all pre-trial denials of qualified immunity are appealable. An order denying qualified immunity on summary judgment is not appealable if it merely determined the plaintiff's asserted facts were sufficiently supported by evidence in the record to survive summary judgment. But the Tenth Circuit held that the officers' denial of qualified immunity was appealable on each ground (continued detention and the strip search). However, as to the continued detention issue, the Tenth Circuit limited its holding to the clearly established law prong of qualified immunity. On that point, whether the unlawful continued detention of the motorist violated clearly established law, the Tenth Circuit reversed the district court.

The motorist appealed the district court's order granting the officers summary judgment as to the legality of initial stop and her arrest. Here, the Tenth Circuit requested briefing on appealability because it was unsure whether it possessed pendant appellate jurisdiction over these claims. The Tenth Circuit held that these issues were not appealable and dismissed the motorist's cross-appeal for lack of jurisdiction. They reasoned they could address the officers' appealable issues without reviewing the motorist's issues, so pendant jurisdiction was lacking.

The motorist moved for summary judgment on the legality of her strip search once again on remand. On February 23, 1998 the district court held that the the strip search was unlawful and denied the intake officer, who conduced the search, qualified immunity. 995 F.Supp. 1347. The district court also held the county liable for failing to promulgate an adequate strip search policy.

With liability established as to the strip search, a jury trial ensued to establish damages on that issue as well as liability and damages on remaining issues. The jury awarded Foote nominal damages of $1.00 for the strip search. On the remaining fourth amendment issues, the jury found that no liability. Namely, the officers did not violate the motorist's rights when they stopped her car, nor did they violate her rights when they detained her at the scene to investigate whether she was driving under the influence.

On February 23, 1999, the district court ruled on the parties' cross-motions for summary judgment as to whether the motorist was protected under the ADA. 36 F.Supp.2d 1320. The court ruled against the motorist. To hold that the ADA protected the motorist in this case, the court reasoned, would extend the ADA beyond its scope because the motorist was not substantially limited in a major life activity by her neurological issues.

The motorist eventually appealed the earlier jury verdict. On February 16, 2001, the Tenth Circuit Court of Appeals ruled on her appeal. 2001 WL 135687. First, the motorist alleged that the district court erred in instructing the jury that it could decide to grant only nominal damages. The Tenth Circuit rejected this claim. Second, the motorist argued that the fourth amendment liability issues at trial—the stop's justification and continued detention—should have been decided on summary judgment. Second, the motorist argued in the alternative that the jury's verdict finding no liability on these issues was unsupported by the evidence. The Tenth Circuit disagreed, affirming the district court.

Next, the motorist argued that the district court erred when it granted the officers summary judgment on her false arrest claim. This claim, she argued, should have been presented to the jury. Here, too, the Tenth Circuit affirmed the trial court decision. Finally, the motorist argued that she was entitled to attorney's fees on a theory that, because the state updated its strip search policy while this case was litigated, she had caused these changes. But the Tenth Circuit denied her claim. 

After this series of appeals, the case came to a close in 2001.

Summary Authors

Jordan Katz (4/7/2022)

People

For PACER's information on parties and their attrorneys, see: https://www.courtlistener.com/docket/2285347/parties/foote-v-spiegel/


Judge(s)

Briscoe, Mary Beck (Kansas)

Campbell, Tena (Utah)

Holloway, William Judson Jr. (Oklahoma)

Kelly, Paul Joseph Jr. (New Mexico)

McWilliams, Robert Hugh Jr. (Colorado)

Murphy, Michael R. (Minnesota)

Tacha, Deanell Reece (Kansas)

Winder, David Keith (Utah)

Attorneys(s) for Plaintiff

Anderson, Jensie L. (Utah)

Barros, Lauren R. (Utah)

Judge(s)

Briscoe, Mary Beck (Kansas)

Campbell, Tena (Utah)

Holloway, William Judson Jr. (Oklahoma)

Kelly, Paul Joseph Jr. (New Mexico)

McWilliams, Robert Hugh Jr. (Colorado)

Murphy, Michael R. (Minnesota)

Tacha, Deanell Reece (Kansas)

Winder, David Keith (Utah)

Attorneys(s) for Plaintiff

Anderson, Jensie L. (Utah)

Barros, Lauren R. (Utah)

Clark, Stephen C. (California)

Kendell, Kathryn D. (California)

Lish, Randy M. (Utah)

Mahoney, Holly J. (Utah)

Martinson, Pamela M. (Utah)

McCullough, W. Andrew (Utah)

Pace, John P. (Utah)

Phinney, Kathleen S. (Utah)

Attorneys(s) for Defendant

Baskin, Lisa J. Watts (Utah)

Burnett, Brent A. (Utah)

Graham, Jan (Utah)

Hurtado, Monette (Utah)

Larsen, Dan R. (Utah)

McKean, Gary O. (Utah)

Rich, Brett B. (Utah)

Stonebrook, Martha S. (Utah)

Waldron, Rebecca D. (Utah)

Wallace, Robert R. (Utah)

Documents in the Clearinghouse

Document

1:96-cv-00044

Docket [PACER - Member Case]

Foote v. Williams

Oct. 1, 1997

Oct. 1, 1997

Docket

2:95-cv-00956

Docket [PACER - Member Case]

Foote v. State of Utah

Jan. 16, 1998

Jan. 16, 1998

Docket

2:94-cv-00754

Docket [PACER - Lead Case]

Sept. 5, 2002

Sept. 5, 2002

Docket
140

2:94-cv-00754

Memorandum Decision and Order

903 F.Supp. 1463

Oct. 23, 1995

Oct. 23, 1995

Order/Opinion

95-04178

95-04179

Opinion

U. S. Court of Appeals for the Tenth Circuit

118 F.3d 1416, 1997 U.S.App.LEXIS 16800

July 8, 1997

July 8, 1997

Order/Opinion
214

2:94-cv-00754

Opinion

995 F.Supp. 1347

Feb. 23, 1998

Feb. 23, 1998

Order/Opinion
224

2:94-cv-00754

Order [Denying Defendant's Motions for Summary Judgment]

April 23, 1998

April 23, 1998

Order/Opinion
353

2:94-cv-00754

Order

36 F.Supp.2d 1320

Feb. 23, 1999

Feb. 23, 1999

Order/Opinion
360

2:94-cv-00754

Order [Denying Motion to Enter a Final Judgment on ADA Claim]

Foote v. State of Utah

March 9, 1999

March 9, 1999

Order/Opinion
365

2:94-cv-00754

Judgment on Jury Verdict

March 18, 1999

March 18, 1999

Order/Opinion

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/2285347/foote-v-spiegel/

Last updated Aug. 7, 2022, 3:20 a.m.

ECF Number Description Date Link Date / Link
1

Complaint filed, assigned to Judge David K. Winder Receipt #: 61994 (rak) (Entered: 08/02/1994)

Aug. 1, 1994

Aug. 1, 1994

PACER

Jury Flag set (rak)

Aug. 1, 1994

Aug. 1, 1994

PACER
2

Motion by Kristin Foote for Kathryn D. Kendell, Esq. to withdraw as attorney for pla (ce) (Entered: 09/23/1994)

Sept. 22, 1994

Sept. 22, 1994

PACER
3

Answer to Complaint by Roger Spiegel, Robert Howe; jury demand (ce) (Entered: 10/04/1994)

Oct. 3, 1994

Oct. 3, 1994

PACER

Clerk's mailing of certificate of acknowledgement of alternative dispute resolution option. Mailed to: W. Andrew McCullough and Kathryn Kendall, cnsl for pla; Rebecca Waldron, cnsl for dfts (ce)

Oct. 4, 1994

Oct. 4, 1994

PACER
4

Notice of Hearing filed : Initial Pretrial Conference set for 10:00 11/17/94 before JUDGE: Samuel Alba. cc: attys (Entered: 10/21/1994)

Oct. 20, 1994

Oct. 20, 1994

PACER
5

Amended Notice of Hearing filed by defendant Roger Spiegel, defendant Robert Howe : Initial Pretrial Conference reset for 9:00 11/28/94 JUDGE: SA (ce) (Entered: 11/03/1994)

Nov. 2, 1994

Nov. 2, 1994

PACER
6

REPORT of Planning Meeting (ce) (Entered: 11/10/1994)

Nov. 9, 1994

Nov. 9, 1994

PACER
7

Scheduling order Setting Joining of parties, amending of pleadings on 4:30 2/1/95 Deadline for filing of all motions 4:30 6/5/95 Discovery cutoff 4:30 5/3/95 Attorney conference by 10:00 10/31/95 Final Pretrial Conference for 8:00 11/7/95 Three Day Jury Trial for 9:00 11/20/95 Rule 26(f)(1) cnf held. Expert witness disclosure dates set. Not Referred to ADR. Discovery limits set. Settlement potential poor. ( Signed by Judge Samuel Alba, 11/28/94. cc: atty ) (ce) (Entered: 11/29/1994)

Nov. 28, 1994

Nov. 28, 1994

PACER
8

Certificate of service by Roger Spiegel, Robert Howe re FRCP 26(a)(1)(A), (B) & (D) disclosures of dfts (ce) (Entered: 12/07/1994)

Dec. 5, 1994

Dec. 5, 1994

PACER
9

Notice by Kristin Foote to take deposition of Roger Spiegel, 12/16/94; Robert Howe, 12/16/94 (ce) (Entered: 12/13/1994)

Dec. 13, 1994

Dec. 13, 1994

PACER
10

Notice by Roger Spiegel, Robert Howe to take deposition of Kristin Foote, 1/5/95 (Entered: 12/23/1994)

Dec. 22, 1994

Dec. 22, 1994

PACER
11

Certificate of service by Kristin Foote re req/admiss (ce) (Entered: 01/19/1995)

Jan. 19, 1995

Jan. 19, 1995

PACER
12

Certificate of service by Kristin Foote re req/prod (ce) (Entered: 01/24/1995)

Jan. 23, 1995

Jan. 23, 1995

PACER
13

Notice of attorney appearance for Kristin Foote by Jensie L. Anderson (ce) (Entered: 01/25/1995)

Jan. 24, 1995

Jan. 24, 1995

PACER
14

Stipulation by Kristin Foote stip to amend [1-1] complaint (ce) (Entered: 02/02/1995)

Feb. 1, 1995

Feb. 1, 1995

PACER
15

Amended complaint by Kristin Foote added party(ies): Eric McPherson, Jeff Gravett. Amends [1-1] complaint; jury demand (ce) (Entered: 02/02/1995)

Feb. 2, 1995

Feb. 2, 1995

PACER
16

Notice of attorney appearance for Kristin Foote by Randy M Lish, co-cnsl (ce) (Entered: 02/02/1995)

Feb. 2, 1995

Feb. 2, 1995

PACER
17

Notice by Roger Spiegel, Robert Howe, Eric McPherson, Jeff Gravett to take continued deposition of Kristin Foote 2/17/95 (Entered: 02/03/1995)

Feb. 2, 1995

Feb. 2, 1995

PACER
18

Return of summons executed as to Jeff Gravett 2/7/95. Answer due on 2/27/95 for Jeff Gravett (ce) (Entered: 02/14/1995)

Feb. 13, 1995

Feb. 13, 1995

PACER
19

Certificate of service by Roger Spiegel, Robert Howe, Eric McPherson, Jeff Gravett of Defs' Resp to Pltf's Req for Prod or Inspection (Entered: 02/17/1995)

Feb. 16, 1995

Feb. 16, 1995

PACER
20

Certificate of service by Roger Spiegel, Robert Howe, Eric McPherson, Jeff Gravett of Defs' Resp to Pltf's Req for Admiss (Entered: 02/17/1995)

Feb. 16, 1995

Feb. 16, 1995

PACER
21

Certificate of service by Roger Spiegel, Robert Howe, Eric McPherson, Jeff Gravett re amd resp to pla's req/admiss (ce) (Entered: 02/21/1995)

Feb. 17, 1995

Feb. 17, 1995

PACER
22

Notice of filing by Kristin Foote: Notice of Intent to Request Attorney's Fees (ce) (Entered: 02/21/1995)

Feb. 21, 1995

Feb. 21, 1995

PACER
23

Return of summons executed as to Eric McPherson 2/9/95. Answer due on 3/1/95 for Eric McPherson (ce) (Entered: 02/22/1995)

Feb. 22, 1995

Feb. 22, 1995

PACER
24

Certificate of service by Kristin Foote re interrog 1&2 sent to dfts (ce) (Entered: 02/24/1995)

Feb. 24, 1995

Feb. 24, 1995

PACER
25

Notice by Kristin Foote to take deposition of Katherine Williams, 4/18/95; William Stonebraker, 4/18/95; Jeff Gravett, 4/18/95 (ce) (Entered: 03/08/1995)

March 7, 1995

March 7, 1995

PACER
26

Stipulation filed by Kristin Foote, Roger Spiegel, Robert Howe, Eric McPherson, Jeff Gravett RE: retained substance abuse expert report, expert witness reports (ce) (Entered: 03/10/1995)

March 9, 1995

March 9, 1995

PACER
27

Answer by Eric McPherson to amended complaint; jury demand (ce) (Entered: 03/21/1995)

March 21, 1995

March 21, 1995

PACER
28

Answer by Jeff Gravett to amended complaint; jury demand (ce) (Entered: 03/21/1995)

March 21, 1995

March 21, 1995

PACER
29

Answer by Robert Howe to amended complaint; jury demand (ce) (Entered: 03/21/1995)

March 21, 1995

March 21, 1995

PACER
30

Answer by Roger Spiegel to amended complaint; jury demand (ce) (Entered: 03/21/1995)

March 21, 1995

March 21, 1995

PACER
31

Motion by Kristin Foote for partial summary judgment against dft Robert Howe on issue of liability only (ce) (Entered: 03/31/1995)

March 30, 1995

March 30, 1995

PACER
32

Memorandum by Kristin Foote in support of [31-1] motion for partial summary judgment against dft Robert Howe on issue of liability only (ce) (Entered: 03/31/1995)

March 30, 1995

March 30, 1995

PACER
33

Certificate of service by Roger Spiegel, Robert Howe re ans to pla's first set interrog (ce) (Entered: 03/31/1995)

March 30, 1995

March 30, 1995

PACER
34

Certificate of service by Eric McPherson, Jeff Gravett re ans to pla's first set interrog (ce) (Entered: 03/31/1995)

March 30, 1995

March 30, 1995

PACER
35

Stipulation by Kristin Foote, Roger Spiegel, Robert Howe, Eric McPherson, Jeff Gravett stip motion to extend time for dfts to file retained expert's report (ce) (Entered: 04/05/1995)

April 4, 1995

April 4, 1995

PACER
36

Order granting [35-1] stip motion to extend time for dfts to file retained expert's report until 5/3/95, signed by SA, 4/3/95. cc: atty (ce) (Entered: 04/05/1995)

April 4, 1995

April 4, 1995

PACER
37

Notice by Roger Spiegel, Robert Howe, Eric McPherson, Jeff Gravett to take deposition of Jarvis Letteier, 4/26/95; Dr. Peter Heinbecker, 4/26/95; Kevin McCloskey, 5/2/95 (ce) (Entered: 04/05/1995)

April 4, 1995

April 4, 1995

PACER
38

Stipulation by Kristin Foote, Roger Spiegel, Robert Howe, Eric McPherson, Jeff Gravett stip to extend time to file dispositive motions & disc (ce) (Entered: 04/10/1995)

April 7, 1995

April 7, 1995

PACER
39

Order granting [38-1] stip to extend time to file dispositive motions & disc, discovery due set for 6/16/95, motion filing deadline set for 7/31/95 signed by SA, 4/7/95. cc: atty (ce) (Entered: 04/10/1995)

April 7, 1995

April 7, 1995

PACER
40

Return of service executed re subp served on Personnel Records Keeper, Weber County Sheriff's Office c/o Virginie Padgetts, 4/6/95 (ce) (Entered: 04/13/1995)

April 13, 1995

April 13, 1995

PACER
41

Certificate of service by Roger Spiegel, Robert Howe, Eric McPherson, Jeff Gravett re first set interrog & req/prod doc (ce) (Entered: 04/13/1995)

April 13, 1995

April 13, 1995

PACER
42

Memorandum by Weber Cnty Sheriff's in support of [42-1] motion for protective order (ce) (Entered: 04/14/1995)

April 13, 1995

April 13, 1995

PACER
43

Disclosure by Kristin Foote of Expert Testimony (ce) (Entered: 04/14/1995)

April 14, 1995

April 14, 1995

PACER
44

Certificate of service by Roger Spiegel, Robert Howe, Eric McPherson, Jeff Gravett re Rule 68 Offer of Jgm (ce) (Entered: 04/28/1995)

April 28, 1995

April 28, 1995

PACER
45

Certificate of service by Roger Spiegel, Robert Howe, Eric McPherson, Jeff Gravett re subp to LDS Hosp & to Marion Ayers (ce) (Entered: 05/05/1995)

May 4, 1995

May 4, 1995

PACER
46

Certificate of service by Kristin Foote re resp to prod doc no. 1-7 (ce) (Entered: 05/08/1995)

May 5, 1995

May 5, 1995

PACER
47

Motion by Kristin Foote to quash subp issued to the LDS Hospital (ce) (Entered: 05/09/1995)

May 8, 1995

May 8, 1995

PACER
48

Motion by Kristin Foote for protective order against subp issued in this action to LDS Hospital (ce) (Entered: 05/10/1995)

May 10, 1995

May 10, 1995

PACER
49

Memorandum by Kristin Foote in support of [48-1] motion for protective order against subp issued in this action to LDS Hospital, [47-1] motion to quash subp issued to the LDS Hospital (ce) (Entered: 05/16/1995)

May 15, 1995

May 15, 1995

PACER
50

Order of Reference signed by DKW, 5/15/95, 636 (b)(1)(A). Mag to hear pla's mot/quash subp. cc: atty (ce) (Entered: 05/16/1995)

May 15, 1995

May 15, 1995

PACER

Motion(s) referred: referred [47-1] motion to quash subp issued to the LDS Hospital (ce)

May 15, 1995

May 15, 1995

PACER
51

Return of service executed re subp served on Marion Ayers, 5/10/95 (ce) (Entered: 05/16/1995)

May 16, 1995

May 16, 1995

PACER
52

Disclosure by Roger Spiegel, Robert Howe, Eric McPherson, Jeff Gravett of Expert Testimony (ce) (Entered: 05/18/1995)

May 17, 1995

May 17, 1995

PACER
53

Memorandum by Kristin Foote in opposition to [42-1] motion for protective order (ce) (Entered: 05/19/1995)

May 18, 1995

May 18, 1995

PACER
54

Order of Reference signed by DKW, 5/18/95, 636(b)(1)(A). Mag to handle Weber County's motion for protective order filed 4/13/95. cc: atty (ce) (Entered: 05/19/1995)

May 18, 1995

May 18, 1995

PACER
55

Motion(s) referred: referred [48-1] motion for protective order against subp issued in this action to LDS Hospital to Judge Samuel Alba, [47-1] motion to quash subp issued to the LDS Hospital to Judge Samuel Alba, [42-1] motion for protective order to Judge Samuel Alba. Cnsl notified (ce) (Entered: 05/19/1995)

May 18, 1995

May 18, 1995

PACER
56

Notice of Hearing filed: Motion hearing set for 11:00 5/30/95 for [47-1] motion to quash subp issued to the LDS Hospital JUDGE: SA. cc: atty (ce) (Entered: 05/19/1995)

May 19, 1995

May 19, 1995

PACER
57

Memorandum by Roger Spiegel, Robert Howe, Eric McPherson, Jeff Gravett in opposition to [31-1] motion for partial summary judgment against dft Robert Howe on issue of liability only (Entered: 05/22/1995)

May 19, 1995

May 19, 1995

PACER
58

Certificate of service by Kristin Foote re req/prod doc numbered 1 only (ce) (Entered: 05/25/1995)

May 24, 1995

May 24, 1995

PACER
59

Certificate of service by Kristin Foote ans to interrog nos. 1-10 (ce) (Entered: 05/25/1995)

May 24, 1995

May 24, 1995

PACER
60

Request for Argument filed by Kristin Foote on [31-1] motion for partial summary judgment against dft Robert Howe on issue of liability only (ce) (Entered: 05/26/1995)

May 25, 1995

May 25, 1995

PACER
61

Notice of Hearing filed : Motion hearing set for 8:00 6/16/95 for [31-1] motion for partial summary judgment against dft Robert Howe on issue of liability only JUDGE: DKW. cc: atty (ce) (Entered: 05/26/1995)

May 26, 1995

May 26, 1995

PACER
62

Supplemental Memorandum by Kristin Foote in support of [31-1] motion for partial summary judgment against dft Robert Howe on issue liability only (ce) (Entered: 05/26/1995)

May 26, 1995

May 26, 1995

PACER
63

Reply by Kristin Foote to response to [31-1] motion for partial summary judgment against dft Robert Howe on issue of liability only (ce) (Entered: 05/26/1995)

May 26, 1995

May 26, 1995

PACER
64

Memorandum by Roger Spiegel, Robert Howe, Eric McPherson, Jeff Gravett in opposition to [48-1] motion for protective order against subp issued in this action to LDS Hospital, [47-1] motion to quash subp issued to the LDS Hospital (tl) (Entered: 05/31/1995)

May 30, 1995

May 30, 1995

PACER
65

Minute entry: Mot hrg held - denying [47-1] motion to quash subp issued to the LDS Hospital & denying [48-1] motion for protective order against subp issued in this action to LDS Hospital. Hrg on Weber Cnty Sheriff's mot/PO to be resched. Judge: Samuel Alba Court Reporter: Electronic Court Deputy: Kathlyn Shauklas (Entered: 06/01/1995)

May 30, 1995

May 30, 1995

PACER
66

Request for hrg filed by Kristin Foote re: Additional Scheduling Conference. (tl) (Entered: 06/14/1995)

June 13, 1995

June 13, 1995

PACER
67

Certificate of service by Roger Spiegel, Robert Howe, Eric McPherson, Jeff Gravett re: resp to pla's req for prod of docs. (tl) (Entered: 06/14/1995)

June 14, 1995

June 14, 1995

PACER

Proposed order from Roger Spiegel, Robert Howe, Eric McPherson, Jeff Gravett, Weber Cnty Sheriff's re: Denying Pla's m/quash subpoena and m/protective order (tl)

June 14, 1995

June 14, 1995

PACER
68

Order denying [48-1] motion for protective order against subp issued in this action to LDS Hospital, denying [47-1] motion to quash subp issued to the LDS Hospital, LDS shall produce req docs to dfts counsel within 10 days of service of this order signed by SA 6/16/95 cc:atty (tl) (Entered: 06/19/1995)

June 16, 1995

June 16, 1995

PACER
69

Minute entry: Arg & disc heard, [31-1] motion for partial summary judgment against dft Robert Howe on issue of liability only taken under advisement ; Judge: DKW Court Reporter: Ray Fenlon Court Deputy: Michael R. Weiler (Entered: 06/19/1995)

June 16, 1995

June 16, 1995

PACER
70

Certificate of service by Kristin Foote re: Req for prod of docs numbered 1 only (tl) (Entered: 06/21/1995)

June 21, 1995

June 21, 1995

PACER
71

Motion by Kristin Foote to compel discovery (tl) (Entered: 06/22/1995)

June 22, 1995

June 22, 1995

PACER
72

Memorandum by Kristin Foote in support of [71-1] motion to compel discovery (tl) (Entered: 06/22/1995)

June 22, 1995

June 22, 1995

PACER
73

Affidavit of Pla's atty re: M/compel discovery (tl) (Entered: 06/22/1995)

June 22, 1995

June 22, 1995

PACER
74

Supplemental Memorandum by Kristin Foote in support of [31-1] motion for partial summary judgment against dft Robert Howe on issue of liability only (tl) Modified on 06/26/1995 (Entered: 06/22/1995)

June 22, 1995

June 22, 1995

PACER
75

Motion by Roger Spiegel, Robert Howe, Eric McPherson, Jeff Gravett to strike [74-1]supplemental support memorandum (tl) (Entered: 06/26/1995)

June 23, 1995

June 23, 1995

PACER
76

Certificate of service by Roger Spiegel, Robert Howe, Eric McPherson, Jeff Gravett re: dft's supplemental resp to pla's 5/24/95 req for prod of docs (tl) (Entered: 06/27/1995)

June 26, 1995

June 26, 1995

PACER

Transcript of Proceedings for partial sumjgm before DKW for dates of 6/16/95 (tl)

June 27, 1995

June 27, 1995

PACER
77

Stipulation by Kristin Foote, Roger Spiegel, Robert Howe, Eric McPherson, Jeff Gravett Stip to amend [15-1]; amended complaint to correctly identify dft Gravett as Jeffrey L. Graviet (tl) Modified on 07/03/1995 (Entered: 07/03/1995)

June 30, 1995

June 30, 1995

PACER

Proposed order from Kristin Foote, Roger Spiegel, Robert Howe, Eric McPherson, Jeff Gravett re: Stip for amendement of cmp. (tl)

June 30, 1995

June 30, 1995

PACER
78

Order granting [77-1] stipulation motion to amend [15-1]; amended complaint to correctly identify dft Gravett as Jeffrey L. Graviet signed by DKW 7/3/95 cc:attys (tl) (Entered: 07/05/1995)

July 5, 1995

July 5, 1995

PACER
79

Memorandum Decision denying [31-1] motion for partial summary judgment against dft Robert Howe on issue of liability only signed by DKW 7/7/95; cc:attys (Entered: 07/10/1995)

July 7, 1995

July 7, 1995

PACER
81

Memorandum by Roger Spiegel, Robert Howe, Eric McPherson, Jeffrey L. Graviet in opposition to [71-1] motion to compel discovery (ce) (Entered: 07/11/1995)

July 10, 1995

July 10, 1995

PACER
80

Notice of Hearing filed : Motion hearing set for 9:30 7/25/95 for [42-1] motion for protective order, scheduling conference set for 9:30 7/25/95 before JUDGE: Samuel Alba. cc: attys (Entered: 07/11/1995)

July 11, 1995

July 11, 1995

PACER
82

Order of Reference pursuant to 28 USC 636(b)(1)(A). All pretrial and discovery motions are referred to Magistrate Judge. signed by DKW 7/12/95 cc:attys (tl) (Entered: 07/13/1995)

July 12, 1995

July 12, 1995

PACER
83

Certificate of service by Roger Spiegel, Robert Howe, Eric McPherson, Jeff Gravett, Jeffrey L. Graviet re: Dft's resp to pla's June 20, 1995 req for prod of docs. (tl) (Entered: 07/13/1995)

July 12, 1995

July 12, 1995

PACER

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

July 12, 1995

July 12, 1995

PACER
84

Case referred to Judge Samuel Alba. cc:attys (tl) (Entered: 07/17/1995)

July 14, 1995

July 14, 1995

PACER
85

Notice of Hearing filed : Motion hearing set for 9:30 7/25/95 for [71-1] motion to compel discovery JUDGE: Samuel Alba cc:attys (tl) (Entered: 07/17/1995)

July 17, 1995

July 17, 1995

PACER
86

Supplemental Memorandum by Kristin Foote in opposition to [42-1] motion for protective order; and in support of [71-1] motion to compel discovery (tl) (Entered: 07/21/1995)

July 21, 1995

July 21, 1995

PACER
87

Motion by Roger Spiegel, Robert Howe, Eric McPherson, Jeffrey L. Graviet to strike [86-1] opposition to m/protective order/support of m/compel disc. memorandum (tl) (Entered: 07/25/1995)

July 25, 1995

July 25, 1995

PACER
88

Memorandum by Roger Spiegel, Robert Howe, Eric McPherson, Jeffrey L. Graviet in support of [87-1] motion to strike [86-1] opposition to m/protective order/support of m/compel disc. memorandum (tl) (Entered: 07/25/1995)

July 25, 1995

July 25, 1995

PACER
89

Minute entry: Mot hrg & sched conf held - denying at this time [87-1] motion to strike [86-1] opposition to m/protective order/support of m/compel disc. memorandum. [71-1] Motion to compel discovery resolved, except for the matter of Mr. Howe's photo, which is also denied. Crt granted Mr. McCullough's rqst to take a depo of a drug-testing lab in New Jersey. Depo to be tkn by telephone & the state is ordered to participate by telephone. Pltf also rqst'd the prod of a tape/transcript of a conversation between Mr. Howe & the dispatcher prior to the videotape. Ms. Waldron indicated that such a tape/transcript did not exist. Mr. McCullough stated that he is no longer seeking to take the depo of Stacie Ashley. [42-1] Motion for protective order is moot. Crt will not chg the trial date currently set & advised cnsl to discuss the matter further at the time of pretrial, if necessary. Crt ext'd dispositive motion filing deadline to 8/18/95 . Response due NLT 9/6/95 & reply due NLT 9/13/95. Ms. Waldron to submit an order reflecting the crt's ruling & the dates set, approved by cnsl as to form. Terminated deadlines - mot hrg & sched conf set for this date. Judge: Samuel Alba Court Reporter: Electronic Court Deputy: Kathlyn Shauklas (Entered: 07/27/1995)

July 25, 1995

July 25, 1995

PACER
90

Second Motion by Kristin Foote partial for summary judgment (tl) (Entered: 08/07/1995)

Aug. 7, 1995

Aug. 7, 1995

PACER
91

Memorandum by Kristin Foote in support of [90-1] motion partial for summary judgment (tl) (Entered: 08/07/1995)

Aug. 7, 1995

Aug. 7, 1995

PACER
92

Amended Disclosure by Kristin Foote of expert testimony (tl) (Entered: 08/07/1995)

Aug. 7, 1995

Aug. 7, 1995

PACER

Certificate of delivering deposition of Jeffrey Graviet taken 4/18/95 to W. Andrew McCullough on 6/26/95 by court reporter: Lisa Geline (tl)

Aug. 11, 1995

Aug. 11, 1995

PACER

Case Details

State / Territory: Utah

Case Type(s):

Jail Conditions

Criminal Justice (Other)

Policing

Disability Rights

Key Dates

Filing Date: Aug. 1, 1994

Closing Date: Feb. 16, 2001

Case Ongoing: No

Plaintiffs

Plaintiff Description:

A motorist with a neurological disorder alleging fourth amendment violations during a traffic stop.

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

ACLU Affiliates (any)

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

State of Utah, State

Utah State Department of Public Safety, State

Davis County (Davis), County

Various individual Utah state troopers, Private Entity/Person

Defendant Type(s):

Law-enforcement

Jurisdiction-wide

Case Details

Causes of Action:

42 U.S.C. § 1983

Americans with Disabilities Act (ADA), 42 U.S.C. §§ 12111 et seq.

Constitutional Clause(s):

Unreasonable search and seizure

Availably Documents:

Monetary Relief

Any published opinion

Outcome

Prevailing Party: Mixed

Nature of Relief:

Damages

Source of Relief:

Litigation

Amount Defendant Pays: 1.00

Issues

General:

Failure to supervise

False arrest

Strip search policy

Discrimination-basis:

Disability (inc. reasonable accommodations)

Disability:

Mental impairment

Mobility impairment

Mental Disability:

Cerebral palsy