Hegarty v. Fort Lewis College et al

Filing 24

ORDER Dismissing Defendants Fort Lewis College, Colorado, the Board of Trustees of Fort Lewis College, Colorado, and Denying Motion for Summary Judgment as to Defendants Nicholas Pearson, Brett Deming and Arnold Trujillo in Their Individual Capacity re: 17 . This civil action and all claims in it are dismissed as to the Defendants Fort Lewis College, Colorado, The Board of Trustees of Fort Lewis College, Colorado, and Arnold Trujillo in his official capacity. The state law claims against the remaining defendants are dismissed. The motion for summary judgment on the claims brought under 42 U.S.C. § 1983 against Defendants Nicholas Pearson, Brett Deming and Arnold Trujillo individually are denied. Signed by Judge Richard P. Matsch on 4/25/2011.(rpmcd)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Senior District Judge Richard P. Matsch
Civil Action No. 10-cv-000579-RPM
PATRICK HEGARTY,
Plaintiff,
v.
FORT LEWIS COLLEGE, COLORADO,
THE BOARD OF TRUSTEES OF FORT LEWIS COLLEGE, COLORADO,
NICHOLAS PEARSON,
BRETT DEMING, and
ARNOLD TRUJILLO,
Defendants.
____________________________________________________________________________
ORDER DISMISSING DEFENDANTS FORT LEWIS COLLEGE, COLORADO, THE BOARD OF
TRUSTEES OF FORT LEWIS COLLEGE, COLORADO, AND DENYING MOTION FOR
SUMMARY JUDGMENT AS TO DEFENDANTS NICHOLAS PEARSON, BRETT DEMING AND
ARNOLD TRUJILLO IN THEIR INDIVIDUAL CAPACITY
____________________________________________________________________________
On January 28, 2011, the defendants filed a motion to dismiss or in the alternative motion
for summary judgment on § 1983 claims and to dismiss the tort claims. An amended brief
supporting the motion was filed January 31, 2011. The plaintiff filed his response on February 25,
2011, conceding dismissal of Fort Lewis College, Colorado, and The Board of Trustees of Fort
Lewis College, Colorado, and Arnold Trujillo in his official capacity as Chief of the Fort Lewis
College Police Department. The plaintiff also agreed to dismissal of all state law claims pleaded.
The plaintiff has responded to the motion of the individual defendants as a motion for summary
judgment and in their reply, of March 11, 2011, those defendants argued for summary judgment of
dismissal based on qualified immunity.

Considering the briefing submitted, there is sufficient support to warrant trial on the factual
issues which constitute ultimate facts relevant to the question of the use of excessive force from
the standard of a reasonably trained police officer in the manner in which a taser device was used
on the plaintiff, and removing him from the crowd and the hands-on application of force by
Defendants Pearson and Deming in effecting his arrest. The use of excessive force by police
officers is contrary to clearly established law under the Fourth Amendment to the United States
Constitution, applicable under the Fourteenth Amendment to these officers.
The plaintiff’s claim against Arnold Trujillo in his individual capacity is based upon the
contention that he, as Chief of the Fort Lewis College Police Department, equipped officers with
used taser equipment without adequate training as to the manner in which and circumstances
under which the device may be deployed. Such a failure to train may have as a direct causal
relationship to the conduct of Defendant Pearson and the record is sufficient to warrant trial on that
claim against Defendant Trujillo. Upon the foregoing, it is
ORDERED that this civil action and all claims in it are dismissed as to the Defendants Fort
Lewis College, Colorado, The Board of Trustees of Fort Lewis College, Colorado, and Arnold
Trujillo in his official capacity, and it is
FURTHER ORDERED that the state law claims against the remaining defendants are
dismissed and it is
FURTHER ORDERED that the motion for summary judgment on the claims brought under
42 U.S.C. § 1983 against Defendants Nicholas Pearson, Brett Deming and Arnold Trujillo
individually are denied.

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DATED: April 25th, 2011
BY THE COURT:
s/Richard P. Matsch
________________________________
Richard P. Matsch, Senior District Judge

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