MAHDI v. SALT LAKE POLICE DEPT.

No. 21-4102.

54 F.4th 1232 (2022)

Thaer MAHDI, Plaintiff-Appellant, v. SALT LAKE POLICE DEPARTMENT, a Department of Salt Lake City Corporation; Unified Police Department, a Department of Salt Lake County; Michael Rapich, in his Individual Capacity as Superintendent of the Utah Highway Patrol; Jed Miller, in his Individual Capacity as a Utah State Trooper of the Utah Highway Patrol; Jon Thompson, in his Individual Capacity as a Utah State Trooper of the Utah Highway Patrol; Chris Shelby, in his Individual Capacity as a Sergeant of the Utah Highway Patrol; John Does 1-10, in their Individual Capacities as Utah Highway Patrol Supervisors; Defendants-Appellees.

United States Court of Appeals, Tenth Circuit.

FILED December 5, 2022.


Attorney(s) appearing for the Case

Aaron C. Garrett , Nonprofit Legal Services of Utah, Salt Lake City, Utah, for Appellant.

David F. Mull , Salt Lake City Attorney's Office, Salt Lake City, Utah, for Appellee Salt Lake Police Department.

Scott Young , Snow, Christensen & Martineau, Salt Lake City, Utah, for Appellee Unified Police Department.

J. Clifford Petersen , Office of the Attorney General for the State of Utah, Salt Lake City, Utah, for Appellees Michael Rapich, Jed Miller, Jon Thompson, and Chris Shelby.

Before HARTZ, BACHARACH, and MORITZ, Circuit Judges.


Plaintiff Thaer Mahdi was an innocent bystander. A police chase ended when the fleeing armed robber crashed into Mr. Mahdi's tailor shop, where he was working at the time. Officers fired scores of bullets at the driver, and many hit the shop. The shop was badly damaged, and Mr. Mahdi...

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