United States District Court, D. Utah
TIMOTHY J. PETERSON, Plaintiff,
IAN ADAMS, in an individual and official capacity; DOUG DIAMOND, in an official capacity; WEST JORDAN CITY; SALT LAKE COUNTY; JAMES “JIM” WINDER, in an individual and official capacity; and JOHN AND/OR JANE DOES 1-20, Defendants.
M. Warner Magistrate Judge
ORDER ADOPTING REPORT & RECOMMENDATION
J. SHELBY JUDGE.
Ian Adams, Doug Diamond, West Jordan City, Salt Lake County,
and James Winder request summary judgment on Plaintiff
Timothy Peterson's civil rights claims in three separate
motions. Peterson has not responded to any of the
Motions. Now before the court is the Report &
Recommendation prepared by Magistrate Judge Paul M. Warner in
which he recommends granting summary judgment on all Motions.
For the reasons explained below, the court adopts the Report
& Recommendation in its entirety, grants summary judgment
on all Motions in favor of Defendants, and directs the Clerk
of Court to close this case.
case arises out of Peterson's arrest in July 2014, and
medical treatment following arrest. During arrest, Peterson
was involved in an altercation with Officer Ian Adams which
resulted in Peterson being shot twice. The District
Attorney's Office prosecuted Peterson for assault against
a police officer, and successfully established probable cause
for the charge at a preliminary hearing. Later, a jury
acquitted Peterson. He spent about nineteen months in jail
before his acquittal.
his acquittal, Peterson filed the complaint in the instant
case. He alleges multiple causes of action against the
various Defendants for alleged deprivation of his
constitutional rights in violation of 42 U.S.C. § 1983.
First, against Ian Adams, Plaintiff brings claims for (1)
excessive force, (2) malicious prosecution, and (3) false
arrest. Plaintiff brings claims against Doug
Diamond and West Jordan City for (1) excessive force, (2)
policy and custom, (3) malicious prosecution, and (4) false
arrest. Finally, Plaintiff brings claims against James Winder
and Salt Lake County for (1) failure to provide adequate
medical care, (2) failure to provide adequate medical care -
policy and custom, and (3) malicious prosecution.
September 7, 2018, Judge Warner filed a thirty-six-page
Report & Recommendation in which he recommends granting
summary judgment on all claims. Judge Warner instructed the
parties that any objection to the Report & Recommendation
must be filed within 14 days of service, and warned that
failure to do so may constitute waiver of objections on
subsequent review. After more than three weeks, no party has
filed an objection.
Analysis and Order
no party objected, the court reviews Judge Warner's
Report & Recommendation for clear error. Having carefully
reviewed his thorough analysis, the court concludes that
Judge Warner's reasoning and conclusions are well
supported. The court discerns no clear error. Accordingly,
the court ADOPTS the Report &
Recommendation in its entirety and GRANTS
Defendants' Motions for Summary Judgment.
Peterson wish to appeal this ruling, he may do so within 30
days from the date of this Order. If he wishes to apply to
proceed in forma pauperis on appeal to avoid paying fees and
costs, he may file a motion with this court accompanied by
Appellate Form 4, available on the United States Courts
Appellate Rules Form website. Finally, there are a variety of
legal aid organizations Peterson may contact if he requires
assistance filing or prosecuting his appeal. The Utah Court
website list some of these resources.
Clerk of Court is directed to CLOSE this