SINGER v. WADMAN

Civ. Nos. C-80-0212, C-82-0037W.

595 F.Supp. 188 (1982)

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.

United States District Court, D. Utah, C.D.

September 3, 1982.


Attorney(s) appearing for the Case

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.


MEMORANDUM DECISION AND ORDER

WINDER, District Judge.

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...

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