SINGER v. WADMAN

Nos. 82-2273, 83-1501.

745 F.2d 606 (1984)

Vickie SINGER, et al, Plaintiffs-Appellants, v. Robert WADMAN, et al, Defendants-Appellees. Vickie SINGER, et al, Plaintiffs-Appellants, v. Walter D. TALBOT, Defendant-Appellee.

United States Court of Appeals, Tenth Circuit.

September 27, 1984.


Attorney(s) appearing for the Case

Robert P. Schuster, Jackson, Wyo. (and Gerry L. Spence, Edward P. Moriarity, and Bradley L. Booke of Spence, Moriarity & Schuster, Jackson, Wyo., and Kathryn Collard of Collard, Pixton, Iwasaki & Downes, Salt Lake City, Utah, with him on the brief), for plaintiffs-appellants.

Allan L. Larson, Salt Lake City, Utah (and David W. Slagle of Snow, Christensen & Martineau, and Robert R. Wallace, Asst. Atty. Gen., Salt Lake City, Utah, with him on the briefs), for Scott Matheson, Robert Wadman, Larry Lunnen, Robert Reid, and Bill Riggs, defendants-appellees.

Tim Dalton Dunn of Hanson, Russon & Dunn, Salt Lake City, Utah (Craig S. Cook, Salt Lake City, Utah, of counsel, with him on the brief), for Jolley, Larsen, Farley, Carlson, Fullmer, Gunderson, Schouten and Hayward, defendants-appellees.

Glenn C. Hanni, Salt Lake City, Utah (and Robert A. Burton of Strong & Hanni, P. Keith Nelson and Gary B. Ferguson of Richards, Brandt, Miller & Nelson, W. Eugene Hansen and Ralph L. Dewsnup of Hansen & Thompson, Salt Lake City, Utah, with him on the brief), for Ron Robinson, Robert Adkins, and Terry Christiansen, defendants-appellees.

J. Michael Hansen, (and Stewart M. Hanson, Jr., of Suitter, Axland, Armstrong & Hanson, Salt Lake City, Utah, with him on the briefs), for Larry Henley and Robert A. Bates, defendants-appellees.

David L. Wilkinson, Atty. Gen., and John S. McAllister, Asst. Atty. Gen., Salt Lake City, Utah, were on the brief for Walter D. Talbot, defendant-appellee.

Walter R. Ellett, Murray, Utah, and A. Alma Nelson and Don J. Hanson, Bayle, Hanson, Nelson & Christensen, Salt Lake City, Utah, were on the brief for Val D. Edrington and South Summit School Dist., defendants-appellees.

Before LOGAN, BREITENSTEIN, and McWILLIAMS, Circuit Judges.


McWILLIAMS, Circuit Judge.

John Singer was shot and killed by law enforcement officer Louis Jolley on January 18, 1979. Jolley, along with nine other Utah law enforcement officials, was attempting to arrest Singer. At the time of the arrest attempt, there were two outstanding warrants calling for Singer's arrest. One was a misdemeanor warrant based on Singer's conviction for violations of the Utah Compulsory Attendance Law, Utah Code Ann. §§ 53-24-1 and...

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