Wheatcroft et al v. Glendale, City of et al

Filing 409

ORDER: Defendants' Motion in Limine No. 14 Re: Minor Plaintiffs' State Law Claims (Doc. 348 ) is granted. See order for details. Signed by Judge Michael T. Liburdi on 9/17/2022. (LMR)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE DISTRICT OF ARIZONA

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Johnny Wheatcroft, et al.,
Plaintiffs,

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v.

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City of Glendale, et al.,

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No. CV-18-02347-PHX-MTL
ORDER
NOT FOR PUBLICATION

Defendants.

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The matter before the Court is Defendants’ Motion in Limine No. 14. Re: Minor

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Plaintiffs’ State Law Claims. (Doc. 348.) Under Arizona common law, a law enforcement

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officer is entitled to qualified immunity for exercising discretionary functions.

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Chamberlain v. Mathis, 151 Ariz. 551, 557 (1986); Spooner v. City of Phoenix, 246 Ariz.

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119, 124-25 (Ct. App. 2018). “Thus, an officer performing a discretionary act within the

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scope of his public duties may be liable only if grossly negligent.” Merritt v. Arizona, 425

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F. Supp. 3d 1201, 1231 (D. Ariz. 2019); accord Krause v. County of Mohave, CV-17-

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08185-PCT-SMB, 2020 WL 2541728, at *16 (D. Ariz. May 19, 2020).

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The Court finds that, during their encounter with Plaintiffs and their on-scene

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investigation of Mr. Wheatcroft, the defendant police officers conduct involved the

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exercise of discretion. Plaintiffs did not clearly plead that the defendant police officers

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acted with gross negligence in violation of the minor Plaintiffs’ state law claims. At the

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summary judgment stage, the Court concluded that the Plaintiffs appear to have

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“abandon[ed] any gross negligence cause of action they might have.” (Doc. 294 at 33.) The

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Court further found that Plaintiff did not offer any evidence that would lead a reasonable

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juror to find gross negligence. (Id.)

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Accordingly,

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IT IS ORDERED that Defendants’ Motion in Limine No. 14 Re: Minor Plaintiffs’

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State Law Claims (Doc. 348) is granted.

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IT IS FURTHER ORDERED precluding Plaintiffs from arguing at trial that the

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City of Glendale has liability for the minor Plaintiffs’ state law claims based on the conduct

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of Officers Schneider and Lindsay.

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Dated this 17th day of September, 2022.

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