WALKER v. CITY OF OREM

Nos. 04-4140, 05-4016, 05-4025, 05-4038.

451 F.3d 1139 (2006)

David WALKER, for himself and as next best friend for Cadin Wayne Walker, McKaela Tandi Walker and Andrew Walker; Debbie Walker, for herself, as Personal Representative of the Estate of David Walker, as next best friend for Cadin Wayne Walker, McKaela Tandi Walker and Andrew Walker; Patti Walker Stratton; Chad Stratton; Tyree Lamph, individually, and for and on behalf of Dakota ("Cody") Lamph; Amy Melissa Lamph, individually, and for and on behalf of Dakota ("Cody") Lamph, Plaintiffs-Appellees, v. CITY OF OREM, a Utah municipality; Harold Peterson, Officer; City of Pleasant Grove, a Utah municipality; John Clayton, Officer; B.J. Robinson, Officer; Gordon Smith, officer of the Department of Public Safety, Orem City, individually, Utah County; David Bateman, Sheriff of Utah County, in his official and individual capacity; Darin Durfey, Detective; Patty Johnston, Detective; Tom Hodgson, Detective, Defendants, and Jerry Monson, Sgt.; Meret Lance McDaniel, Deputy, all of the Utah County Sheriff's Department, in their individual capacities, Defendants-Appellants. David Walker, for himself and as next best friend for Cadin Wayne Walker, McKaela Tandi Walker and Andrew Walker; Debbie Walker, for herself, as Personal Representative of the Estate of David Walker, as next best friend for Cadin Wayne Walker, McKaela Tandi Walker and Andrew Walker; Patti Walker Stratton; Chad Stratton; Tyree Lamph, individually, and for and on behalf of Dakota ("Cody") Lamph; Amy Melissa Lamph, individually, and for and on behalf of Dakota ("Cody") Lamph, Plaintiffs-Appellees, v. City of Orem, a Utah municipality; City of Pleasant Grove, a Utah municipality; John Clayton, Officer; B.J. Robinson, Officer; Utah County; David Bateman, Sheriff of Utah County, in his official and individual capacity; Jerry Monson, Sgt.; Darin Durfey, Detective; Patty Johnston, Detective; Tom Hodgson, Detective; Meret Lance McDaniel, Deputy, all of the Utah County Sheriff's Department, in their individual capacities; Gordon Smith, officer of the Department of Public Safety, Orem City, individually, Defendants, and Harold Peterson, Officer, Defendant-Appellant. Debbie Walker, as Personal Representative of the Estate of David Walker, and as next best friend for Cadin Wayne Walker, McKaela Tandi Walker and Andrew Walker; David B. Walker, for himself and as next best friend for Cadin Wayne Walker, McKaela Tandi Walker and Andrew Walker; Tyree Lamph; Amy Melissa Lamph; Patti Stratton Walker; Chad Stratton, Plaintiffs-Appellees, v. Orem City, a Utah municipality; Harold Peterson, Officer; Pleasant Grove City, a Utah municipality; B.J. Robinson, Officer; Richard Case; Utah County; David Bateman; Jerry Monson; Meret Lance McDaniel; Gordon Smith; (FNU) Gilbert, Defendants, and John Clayton, Officer, Defendant-Appellant. Debbie Walker, as personal representative of the Estate of David Walker, and as next best friend for Cadin Wayne Walker, McKaela Tandi Walker and Andrew Walker; David Walker, Sr., for himself and as next best friend for Cadin Wayne Walker, McKaela Tandi Walker and Andrew Walker; Tyree Lamph, and Amy Melissa Lamph, individually and on behalf of Dakota ("Cody") Lamph; Patti Stratton Walker; Chad Stratton, Plaintiffs-Appellants, v. Orem City, a Utah municipality; Harold Peterson, Officer; Pleasant Grove City, a Utah municipality; John Clayton, Officer; B.J. Robinson, Officer; Richard Case; David Bateman, Sheriff of Utah County, in his official and individual capacity; Darin Durfey; Gordon Smith; (FNU) Gilbert, Defendants, and Utah County; Jerry Monson; Meret Lance McDaniel, Defendants-Appellees.

United States Court of Appeals, Tenth Circuit.

June 27, 2006.


Attorney(s) appearing for the Case

Submitted on the briefs:*

Jesse C. Trentadue, Michael W. Homer, Suitter Axland, Salt Lake City, UT, for Defendants-Appellants in 04-4140, for Defendants-Appellees in 05-4038.

Margaret D. Plane, American Civil Liberties Foundation, Inc., Salt Lake City, UT, for Plaintiffs-Appellees in 04-4140, for Plaintiffs-Appellants in 05-4038.

Ralph E. Chamness, Lauren I. Scholnick, Erika Birch, Strindberg, Scholnick & Chamness, LLC, Salt Lake City, UT, for Plaintiffs-Appellees in 04-4140, 05-4016, 05-4025, and for Plaintiffs-Appellants in 05-4038.

Andrew M. Morse, Heather S. White, Snow Christensen & Martineau, Salt Lake City, UT, for Defendant-Appellant in 05-4016.

Peter Stirba, Gary R. Guelker, Stirba & Associates, Salt Lake City, UT, for Defendant-Appellant in 05-4025.

Before HARTZ, EBEL, and McCONNELL, Circuit Judges.


EBEL, Circuit Judge.

We have consolidated the present appeals for purposes of disposition. These appeals arise out of a police shooting in a rural area of American Fork, Utah, and the subsequent detention of witnesses to the shooting. The plaintiffs include Debbie Walker, mother and personal representative of the estate of David Walker who died in the shooting, and various other relatives of David Walker who have asserted...

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