Kendall v. Olsen

237 F. Supp. 3d 1156, 2017 WL 664024, 2017 U.S. Dist. LEXIS 23254
CourtDistrict Court, D. Utah
DecidedFebruary 17, 2017
DocketCivil No. 2:15-cv-00862-RJS-DBP
StatusPublished
Cited by4 cases

This text of 237 F. Supp. 3d 1156 (Kendall v. Olsen) 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
Kendall v. Olsen, 237 F. Supp. 3d 1156, 2017 WL 664024, 2017 U.S. Dist. LEXIS 23254 (D. Utah 2017).

Opinion

MEMORANDUM DECISION AND ORDER

Honorable Robert J. Shelby

This case arises from the 2014 shooting of Sean Kendall’s dog by Salt Lake City Police Officer Brett Olsen during a search for a missing toddler. After the shooting, Kendall brought various state and federal claims against Olsen, the City, and several other officers. Both sides now move for summary judgment. For the reasons below, the court grants Defendants’ Motion for Summary Judgment on Kendall’s federal constitutional claims and remands the case back to state court for further proceedings on Kendall’s state claims.

BACKGROUND

On June 18, 2014, Officer Brett Olsen was patrolling thé Sugar House neighborhood of Salt Lake City by motorcycle when he received word that a mother had reported her toddler missing from their home. Olsen quickly drove to the home, where several officers were already on the scene setting up a mobile command station. A supervisor, Lieutenant Purvis, instructed Olsen to begin canvassing the neighborhood in search of the missing boy.He alerted Olsen that’the boy could not communicate verbally, and instructed that Olsen should therefore search everywhere visually. By the time Olsen began searching, it was believed the child had been missing for about an hour. This was significant, as time is generally thought to be crucial when searching for missing children, with the likelihood of. positive outcomes decreasing significantly after about the first hour.

Olsen teamed up with, another officer and began traveling north from the missing boy’s home, as depicted in the map below. The officers went house to house knocking on doors. Some homeowners invited the officers into their homes and yards to look around. If nobody was home, thé officers would briefly check the backyard if it was unfenced or if a fence gate was unlocked. The offícérs searched several homes in this manner.

[1161]*1161[[Image here]]

Eventually, the officers arrived at Kendall’s house, about ten homes away from the missing toddler’s home. Olsen’s partner went to the front door while Olsen walked to the side gate leading to Kendall’s backyard, as depicted in the map above, and in greater detail in the overhead image of the home below. While his partner waited for a response, Olsen looked over the fence into the backyard at the location marked “Gate B”. below.

[1162]*1162[[Image here]]

From his vantage point at Gate B, Olsen could not see the entire backyard. He testified that after hearing no response from his partner’s knocking at the front door, he tried the gate, which was unlocked, and entered the backyard. Olsen walked through the backyard to a shed in the corner of the property (top right corner in the image above), checked the shed, and found nothing. According to Olsen, as he turned and began to leave, he heard a dog begin barking behind him. He turned back toward the shed and saw a 90-pound dog about 20-25 feet away “running toward [him] and barking loudly.” Presumably, the dog had emerged from a dog house wedged between the north side of the shed and the fence. Olsen began retreating quickly toward the gate, but the dog rapidly closed on him. Realizing he would not make it to the gate before the dog reached him, Olsen stopped, turned toward the dog, took “an aggressive stance,” and stomped his foot, hoping the dog would back down. He did not, and, according to Olsen, instead continued to charge, barking with teeth bared. As the dog closed in to the point where Olsen felt it was “about to attack and to latch onto [him],” Olsen withdrew his service firearm and fired twice, killing the dog a few feet from where Olsen stood. Olsen secured the área and notified his supervisor of the incident by radio.

Ultimately, the missing boy was found unharmed sleeping in his family’s basement underneath a box. Just over a year later, Kendall filed a Complaint in state court alleging federal and state constitutional violations as well as various other violations of state law. Defendants removed the case to federal court. Both parties now move for summary judgment on Kendall’s federal constitutional claims.1

ANALYSIS

Both sides contend the undisputed facts entitle them to summary judgment. Ken[1163]*1163dall argues Olsen’s entrance into his backyard was an unconstitutional search and the shooting of his dog was an unconstitutional seizure under the Fourth Amendment.2 Defendants contend Olsen’s entrance into Kendall’s backyard was not a search, and even if it was, it was justified by exigent circumstances—namely, the urgent need to find the missing toddler. .As to the seizure, Defendants argue that the shooting of Kendall’s dog was reasonable because the dog acted aggressively toward Olsen. Alternatively, Defendants argue that even if the search or seizure violated the Fourth Amendment, Olsen is not hable because he is protected by qualified immunity.

I. The Qualified Immunity Doctrine

Olsen’s invocation of qualified immunity changes the constitutional analysis slightly, so before delving into the constitutional claims, the court first provides a brief discussion of qualified immunity. Kendall sued the City and the officers under 42 U.S.C. § 1983, which, in essence, allows a citizen to sue a government official, like a police officer, for any constitutional violations that official commits on the job. Allowing citizens to sue police officers, however, potentially leads to the unintended consequence of deterring officers from taking action in difficult situations for fear they may ultimately be sued: Indeed, “police officers are often forced to make split-second judgments ... in circumstances that are tense, uncertain, and rapidly evolving.”3 We rely on officers to make these difficult decisions quickly, even if it is not entirely clear exactly what the law requires in every circumstance, because “[pjeople could well die in emergencies if police tried to act with the calm deliberation associated with the judicial process.”4

Courts have developed the doctrine of qualified immunity to balance the competing interests of vindicating citizens’ important constitutional rights with affording police officers some necessary leeway to make difficult decisions. Under this doctrine, an officer is, liable for violating a constitutional right only if his mistake about what the law requires is unreasonable.5 The court determines whether an officer’s mistake was reasonable based on whether it resulted in him violating a constitutional right that has been clearly established by -the courts.6 Where a constitutional right has been clearly established, an officer is expected to be aware of it and to act accordingly. But where reasonable officers could disagree about whether an action is lawful—that is, where the-right has not yet been clearly established—the officer will not be liable for his mistake.

What this means for Kendall is that the law requires not only that he establish that Olsen violated the Fourth Amendment by searching his yard or seizing his dog, but also that any reasonable officer would know that the search or seizure was in violation of the Fourth Amendment in view of the specific circumstances presented. With these principles in mind, the court turns to the constitutional questions.

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Cite This Page — Counsel Stack

Bluebook (online)
237 F. Supp. 3d 1156, 2017 WL 664024, 2017 U.S. Dist. LEXIS 23254, Counsel Stack Legal Research, https://law.counselstack.com/opinion/kendall-v-olsen-utd-2017.