PHILLIPS v. JAMES

No. 03-4272.

422 F.3d 1075 (2005)

Blain PHILLIPS and Lisa Phillips, Plaintiffs-Appellants, v. Brad JAMES; Salem City; Utah County; and James Adamson, personal representative of the estate of Shaun Adamson, Defendants-Appellees.

United States Court of Appeals, Tenth Circuit.

September 2, 2005.


Attorney(s) appearing for the Case

Ryan D. Tenney (Jackson Howard, D. David Lambert, Leslie W. Slaugh, and Kenneth Parkinson with him on the briefs) of Howard, Lewis & Petersen, P.C., Provo, UT, for Plaintiffs-Appellants.

Kurt M. Frankenburg of Williams & Hunt, Salt Lake City, Utah (Carolyn Stevens Jensen of Williams & Hunt, with him on the brief for Defendants-Appellees, Brad James and Salem City; Peter Stirba and Gary R. Guelker of Stirba & Associates, Salt Lake City, UT, on the brief for Defendants-Appellees), for Defendants-Appellees.

Before LUCERO, McKAY, and MURPHY, Circuit Judges.


McKAY, Circuit Judge.

This case began as a call for help. On August 12, 2001, Mr. and Mrs. Phillips had a marital dispute which ended with Mr. Phillips entering his bedroom alone stating, "You started this and I'll finish it." Aplt.App., Vol. I, at 146. Fearing that her husband might hurt himself, Mrs. Phillips called 911. Before speaking with anyone at 911, however, she hung up the telephone because she saw Mr. Phillips...

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