Peterson v. Adams et al

Filing 129

ORDER ADOPTING REPORT AND RECOMMENDATIONS ; granting 105 Motion for Summary Judgment ; granting 108 Motion for Summary Judgment ; granting 111 Motion for Summary Judgment ; adopting Report and Recommendations re 128 Report and Recommendations. Signed by Judge Robert J. Shelby on 9/26/2018. (jwt)

IN THE UNITED STATES DISTRICT COURT FOR THE
DISTRICT OF UTAH, CENTRAL DIVISION
TIMOTHY J. PETERSON,
ORDER ADOPTING
REPORT & RECOMMENDATION

Plaintiff,

Case No. 2:16-cv-00775-RJS-PMW
v.
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,

District Judge Robert J. Shelby
Magistrate Judge Paul M. Warner

Defendants.

Defendants 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. 1 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.
I.

Background

This 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

1

See Dkts. 105, 108, 111.

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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.
After 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. 2 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.
On 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. 3 After more than three weeks, no party has filed an objection.
II.

Analysis and Order

Because no party objected, the court reviews Judge Warner’s Report & Recommendation
for clear error. 4 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.

2

See dkt no. 54 at 8-10, and 14-17.

3

Dkt. 128 at 36 (citing 28 U.S.C. § 636(b)(1); Fed. R. Civ. P. 72(b)).

4

See Summers v. State of Utah, 927 F.2d 1165, 1167 (10th Cir. 1991) (“In the absence of timely objection,
the district court may review a magistrate’s report under any standard it deems appropriate.”).

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Accordingly, the court ADOPTS the Report & Recommendation in its entirety and GRANTS
Defendants’ Motions for Summary Judgment. 5
Should Peterson wish to appeal this ruling, he may do so within 30 days from the date of
this Order. 6 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. 7 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. 8
The Clerk of Court is directed to CLOSE this case.
SO ORDERED this 26th day of September, 2018.
BY THE COURT:

___________________________
ROBERT J. SHELBY

5

Dkts. 105, 108, 111.

6

Fed. R. App. P. 4.

7

United States Courts, Appellate Rules Forms, http://www.uscourts.gov/rules-policies/current-rulespractice-procedure/appellate-rules-forms.
8

Utah Courts, https://www.utcourts.gov/howto/legalclinics/.

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