Steven Harris v. Purgatory Correctional Facility, Washington County Sheriff’s Office, Kyle Bigelow, Garrett McKean, Sergeant Crowther, Deputy Larsen, Deputy Lubitz J. Anderson, Deputy Jacobs, John Does 1-10, Jane Does 1-10, Purgatory Correctional Facility Warden

District Court, D. Utah·Decided October 24, 2025·No. 4:25-cv-00018·Unknown

Opinion

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF UTAH

STEVEN HARRIS,

Plaintiff, MEMORANDUM DECISION AND v. ORDER GRANTING PLAINTIFF’S MOTIONS TO AMEND AND PURGATORY CORRECTIONAL SUPPLEMENT FACILITY, WASHINGTON COUNTY SHERIFF’S OFFICE, KYLE BIGELOW, GARRETT MCKEAN, SERGEANT CROWTHER, DEPUTY LARSEN, Case No. 4:25-cv-00018-AMA-PK DEPUTY LUBITZ J. ANDERSON, DEPUTY JACOBS, JOHN DOES 1-10, District Judge Ann Marie McIff Allen JANE DOES 1-10, PURGATORY CORRECTIONAL FACILITY WARDEN, Magistrate Judge Paul Koher

Defendants.

This matter is before the Court on Plaintiff’s Motion to Amend1 and Motion to Supplement.2 For the reasons discussed below, both Motions are granted, which renders moot Defendants’ Motion for Judgment on the Pleadings.3 Plaintiff seeks to amend his Complaint and supplement the record. Unless able to amend as a matter of course, “a party may amend its pleading only with the opposing party’s written consent or the court’s leave.”4 “The court should freely give leave when justice so requires.”5 “In the absence of any apparent or declared reason—such as undue delay, bad faith or dilatory

1 Docket No. 47, filed September 19, 2025. 2 Docket No. 48, filed September 19, 2025. 3 Docket No. 42, filed August 19, 2025. 4 Fed. R. Civ. P. 15(a)(2). 5 Id. motive on the part of the movant, repeated failure to cure deficiencies by amendments previously allowed, undue prejudice to the opposing party by virtue of allowance of the amendment, futility of amendment, etc.—the leave sought should, as the rules require, be ‘freely given.’”6 “A general presumption exists in favor of allowing a party to amend its pleadings, and the non-moving party bears the burden of showing that the proposed amendment is improper.”7 Defendants argue that Plaintiff’s Motion should be denied because it is futile. Defendants argue that the exhibits attached to the proposed Amended Complaint demonstrate that he was arrested for a felony, while Plaintiff’s Fourth Amendment claim is based on his assertion that Plaintiff was only arrested on misdemeanor charges. The record is not as clear as either party suggests. The statute in effect at the time of the

arrest contained penalties for both felonies and misdemeanors.8 And there is conflicting evidence in the record as to whether Plaintiff was arrested for a felony or misdemeanor. For example, while certain documents state the severity of an “F2” or “2F”—presumably a second degree felony—the actual statutory citation provided in those same documents refers to a provision of the statute—Utah Code Ann. § 76-10-2402(1)(a)—that calls for only a misdemeanor penalty.9 The fact that Plaintiff was ultimately charged with a misdemeanor under § 76-10-2402(1)(a)10

6 Foman v. Davis, 371 U.S. 178, 182 (1962). 7 Carrazco v. Morrison, No. 21-cv-01277-NYW, 2022 WL 2666031, at *2 (D. Colo. July 11, 2022) (citing Foman, 371 U.S. at 182 and Jefferson Cnty. Sch. Dist. No. R-1 v. Moody’s Inv. Servs., Inc., 175 F.3d 848, 859 (10th Cir. 1999)). 8 Utah Code Ann. § 76-10-2402. The statue has since been amended and renumbered. Misdemeanor commercial obstruction is found in Utah Code Ann. § 76-9-113. Felony aggravated commercial obstruction is contained in Utah Code Ann. § 76-9-114. 9 Docket No. 47-2, at 1, 2, and 6. 10 Docket No. 1-1, at 1. provides further support for Plaintiff’s claim that he was arrested for a misdemeanor. Thus, contrary to Defendants’ argument, Plaintiff has not invalidated his claim based on his filing. Instead, Plaintiff’s proposed amendments present a factual dispute that cannot be resolved on a Motion to Amend. Moreover, the fact that Plaintiff has attached certain documents to his Complaint and proposed Amended Complaint does not mean that Plaintiff has expressly adopted the statements within those documents as being true.11 Thus, the Court need not accept the statements contained in the attached documents as true.

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Steven Harris v. Purgatory Correctional Facility, Washington County Sheriff’s Office, Kyle Bigelow, Garrett McKean, Sergeant Crowther, Deputy Larsen, Deputy Lubitz J. Anderson, Deputy Jacobs, John Does 1-10, Jane Does 1-10, Purgatory Correctional Facility Warden, (D. Utah 2025).

Steven Harris v. Purgatory Correctional Facility, Washington County Sheriff’s Office, Kyle Bigelow, Garrett McKean, Sergeant Crowther, Deputy Larsen, Deputy Lubitz J. Anderson, Deputy Jacobs, John Does 1-10, Jane Does 1-10, Purgatory Correctional Facility Warden (Steven Harris v. Purgatory Correctional Facility, Washington County Sheriff’s Office, Kyle Bigelow, Garrett McKean, Sergeant Crowther, Deputy Larsen, Deputy Lubitz J. Anderson, Deputy Jacobs, John Does 1-10, Jane Does 1-10, Purgatory Correctional Facility Warden) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

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