Koch v. City of Del City, No. 10-6105 (10th Cir. 2011)
Annotate this CaseBeginning in 2004, Plaintiff-Appellant Vicki Koch and her parents assumed control over the property and care of an elderly woman, Gladys Lance. Ms. Lance’s niece became concerned about her aunt’s welfare, and in 2005, when she could no longer locate Ms. Lance, she obtained an order from an Oklahoma state court appointing her as Ms. Lance’s special guardian. Several days later, Defendant-Appellant John Beech, an officer of the Del City Police Department, was told by his supervisor that a "pickup" order had been issued for Ms. Lance, and that he should go to Ms. Koch’s residence to check on Ms. Lance. When he did, he encountered Ms. Koch on her front doorstep. He asked Ms. Koch where Ms. Lance was located, but Ms. Koch refused to tell him, instead telling him to leave her property and talk to her attorney. When Ms. Koch persisted in her non-responsiveness and turned to leave, Officer Beech arrested her for obstruction. During the arrest, a scuffle ensued, which concluded when Officer Beech brought Ms. Koch to the ground and handcuffed her. Ms. Koch sued Officer Beech and Del City under 42 U.S.C. 1983, alleging false arrest and excessive force. The district court granted summary judgment in favor of the Defendants, concluding that Officer Beech was entitled to qualified immunity. Ms. Koch appealed that decision. The Appellees, in turn, challenged the Tenth Circuit's jurisdiction to hear Ms. Koch’s appeal. Upon careful consideration of the trial court record and the applicable legal authority, the Tenth Circuit concluded that it had jurisdiction and affirmed the district court's decision.
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