Patel v. Hall, No. 15-8110 (10th Cir. 2017)Annotate this Case
Plaintiff Chetan Patel appealed the district court’s grant of summary judgment in favor of Defendants in this 42 U.S.C. 1983 federal civil rights case, in which Plaintiff raised numerous claims against various police officers and other governmental officials involved in his arrest on charges of felony VIN fraud and the related search and seizure of his property in Basin, Wyoming. In granting summary judgment, the court refused to consider a purported affidavit produced by Plaintiff’s counsel. The court also disregarded Plaintiff’s attorneys’ affidavits based on its conclusion that relying on the attorneys’ affidavits would make them material witnesses to this case in violation of Rule 3.7 of the Wyoming Rules of Professional Conduct. The court then concluded that the purported affidavit should have been disregarded both because it was irrelevant and because, without Plaintiff’s counsel’s affidavits, there was no admissible evidence that it was in fact signed by the person making the statement in the affidavit. After review, the Tenth Circuit reversed the grant of summary judgment as to the seizure of certain items and remanded for further proceedings on this claim. The Court affirmed the district court’s grant of summary judgment in favor of all Defendants on the remainder of Plaintiff’s federal claims, and affirmed the dismissal with prejudice of Plaintiff’s state law claims against Defendant Frentheway. The Court reversed and remanded for further proceedings dismissal of the state claims as to all other Defendants.