Atonio Sivatia, through his Guardian & Mother Nonnie L. Masaniai Pea, and Nonnie L. Masaniai Pea v. Ammon Fox, James Williams, Nick Green, and Chad Faubion, West Valley City Police Officers; Doe Deputies 1-10; and West Valley City, by and through its Police Department

CourtDistrict Court, D. Utah
DecidedOctober 29, 2025
Docket2:21-cv-00761
StatusUnknown

This text of Atonio Sivatia, through his Guardian & Mother Nonnie L. Masaniai Pea, and Nonnie L. Masaniai Pea v. Ammon Fox, James Williams, Nick Green, and Chad Faubion, West Valley City Police Officers; Doe Deputies 1-10; and West Valley City, by and through its Police Department (Atonio Sivatia, through his Guardian & Mother Nonnie L. Masaniai Pea, and Nonnie L. Masaniai Pea v. Ammon Fox, James Williams, Nick Green, and Chad Faubion, West Valley City Police Officers; Doe Deputies 1-10; and West Valley City, by and through its Police Department) is published on Counsel Stack Legal Research, covering District Court, D. Utah primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Atonio Sivatia, through his Guardian & Mother Nonnie L. Masaniai Pea, and Nonnie L. Masaniai Pea v. Ammon Fox, James Williams, Nick Green, and Chad Faubion, West Valley City Police Officers; Doe Deputies 1-10; and West Valley City, by and through its Police Department, (D. Utah 2025).

Opinion

THE UNITED STATES DISTRICT COURT DISTRICT OF UTAH

ATONIO SIVATIA, through his MEMORANDUM DECISION AND Guardian & Mother Nonnie L. Masaniai Pea, ORDER DECLINING TO EXERCISE and NONNIE L. MASANIAI PEA, SUPPLEMENTAL JURISDICTION AND DISMISSING CASE Plaintiffs, Case No. 2:21-cv-00761-DBB-JCB v. District Judge David Barlow AMMON FOX, JAMES WILLIAMS, NICK GREEN, and CHAD FAUBION, West Valley City Police Officers; DOE DEPUTIES 1-10; and WEST VALLEY CITY, by and through its Police Department,

Defendants.

On October 1, 2025, the court held a hearing where it asked the parties to address the court’s subject matter jurisdiction over the remaining state-law claims.1 The parties submitted their respective briefs on the matter on October 15, 2025.2 BACKGROUND This case involves the alleged conduct of West Valley police officers during Mr. Sivatia’s 2020 arrest.3 Mr. Sivatia was struck by a car while being forced to lie in the middle of a road after being tased by officers during his arrest.4 His operative Complaint initially stated

1 Minute Entry for Oct. 1, 2025 (“Hearing Minutes”), ECF No. 111. 2 Defendants’ Brief on the Existence of a Federal Question and Supplemental Jurisdiction (“Def. Brief”), ECF No. 112, filed Oct. 15, 2025; Memorandum Regarding Federal Subject Matter Jurisdiction (“Pl. Brief”), ECF No. 113, filed Oct. 15, 2025. 3 See generally Third Amended Complaint (“Complaint”) ECF No. 31, Filed Dec. 2, 2022. 4 Id. seven causes of action, including a mix of federal and state claims.5 This court had subject matter

jurisdiction over Mr. Sivatia’s claims arising under the United States Constitution and federal statutes and supplemental jurisdiction over his related state law claims.6 Defendants moved for partial summary judgment on five of Mr. Sivatia’s seven claims, including each claim that stated it was cognizable as a federal cause of action under 42 U.S.C. § 1983.7 The court subsequently granted in part and denied in part the motion, dismissing four of the claims in their entirety and portions of another claim.8 Following the court’s order, Mr. Sivatia has three claims remaining: (1) a claim against Officers Fox and Williams as individuals based on their alleged violation of Section 9 (unnecessary rigor) of the Utah Constitution, (2) a gross negligence/willful misconduct claim against West Valley City (“West Valley”), and (3) a state-created danger claim against West Valley.9

On October 1, 2025, the court held a hearing where it asked the parties whether the case should be dismissed from federal court because only state-law claims remained.10 At that hearing, Plaintiffs took the position that one of their remaining claims, the state-created danger claim, was a federal cause of action. The court ordered the parties to provide briefing about “(a) whether the sixth cause of action is sourced in federal or state law; and (b) if the court finds it is

5 Id. at ¶¶ 121–249. 6 Id. at ¶¶ 1–5. 7 Defendants’ Mot. for Partial Summary Judgment (“PMSJ”), ECF No. 48, filed Oct. 20, 2023. 8 Order Granting in Part and Denying in Part Defendants’ Mot. for Partial Summary Judgment (“PMSJ Order”) 27, ECF No. 76, entered July 25, 2024. 9 See id.; see also Complaint ¶¶ 157–58, 191–199, 231–43. 10 See Hearing Minutes. a state law claim, how the court should exercise its jurisdiction on the remaining state law claims.”11 The parties submitted their briefs on October 15, 2025.12 STANDARD United States district courts have original jurisdiction over “all civil actions arising under the Constitution, laws, or treaties of the United States.”13 In any civil action where a district court has original jurisdiction based on a federal question, that court also has “supplemental jurisdiction over all other claims that are so related to claims in the action within such original jurisdiction that they form part of the same case or controversy.”14 When a court dismisses “all claims over which it has original jurisdiction,” it may “decline to exercise supplemental jurisdiction” over the remaining claims.15 The exercise of supplemental jurisdiction “is not a matter of the litigants’ right, but of judicial discretion.”16

DISCUSSION I. Sixth Cause of Action – “State Created Danger” The parties disagree about whether Count Six in the Complaint sounds in state or federal law. Plaintiffs argue that the context of the claim and its use of federal cases show that it invokes federal law.17 Defendants respond that the “state created danger” claim is not an independent cause of action and that, if it is, it sounds in state negligence law.18

11 Id. 12 Def. Brief; Pl. Brief. 13 28 U.S.C.A. § 1331. 14 28 U.S.C.A. § 1367(a). 15 28 U.S.C.A. § 1367(c). 16 Est. of Harshman v. Jackson Hole Mountain Resort Corp., 379 F.3d 1161, 1165 (10th Cir. 2004). 17 Pl. Brief 3. 18 Def. Brief 3–4. A. “Special Relationship” Claims Count Six includes citations to both state and federal case law related to “special relationships” between governmental actors and individuals.19 It is important here to distinguish between the application of such a “special relationship” in state and federal law. 1. Federal Law “Generally, state actors are liable only for their own acts, and not the violent acts of third parties.”20 Thus, it is usually the case that “a state’s failure to protect an individual against private violence simply does not constitute a violation of the Due Process Clause.”21 Two exceptions to this general rule exist. First, under the special relationship doctrine, the state is liable for an individual’s safety if

it “assumes control over an individual sufficient to trigger an affirmative duty to provide protection to that individual.”22 Such a duty is triggered when a state’s control restrains an individual’s liberty to the point that “it renders him unable to care for himself.”23 The special relationship exception only applies “in the presence of a custodial relationship between the victim and the State,” such as “arrest, incarceration, and institutionalization.”24 Furthermore, a violation of this right “requires more than mere negligence: it requires an abdication of such professional responsibility . . . sufficient to shock the conscience.”25

19 Compl. ¶¶ 228–30. 20 Armijo By & Through Chavez v. Wagon Mound Pub. Sch., 159 F.3d 1253, 1260 (10th Cir. 1998). 21 DeShaney v. Winnebago Cnty. Dep’t of Soc. Servs., 489 U.S. 189, 197 (1989). 22 Uhlrig v. Harder, 64 F.3d 567, 572 (10th Cir. 1995). 23 Gray v. Univ. of Colorado Hosp. Auth., 672 F.3d 909, 923 n.10 (10th Cir. 2012) (quoting DeShaney, 489 U.S. at 200). 24 Id. at 923. 25 J.W. v. Utah, 647 F.3d 1006, 1011 (10th Cir. 2011) (quoting Johnson v. Holmes, 455 F.3d 1133, 1143 (10th Cir.2006).

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Atonio Sivatia, through his Guardian & Mother Nonnie L. Masaniai Pea, and Nonnie L. Masaniai Pea v. Ammon Fox, James Williams, Nick Green, and Chad Faubion, West Valley City Police Officers; Doe Deputies 1-10; and West Valley City, by and through its Police Department, Counsel Stack Legal Research, https://law.counselstack.com/opinion/atonio-sivatia-through-his-guardian-mother-nonnie-l-masaniai-pea-and-utd-2025.