Henshaw v. Wayne County, et al, No. 10-4115 (10th Cir. 2011)
Annotate this CasePlaintiff-Appellant Dee Henshaw appealed the district court’s decision to grant summary judgment to two Wayne County, Utah deputy sheriffs who arrested him in the course of enforcing a restraining order. Defendant Deputy Bliss and Co-Defendant Deputy Webster responded to a 911 call placed by Mrs. Henshaw. Deputy Bliss saw Plaintiff leaving Mrs. Henshaw’s house. Deputy Webster arrived as a back-up officer. Both reviewed a copy of Mrs. Henshaw’s restraining order against Plaintiff. Both deputies agreed the order was valid, and should be enforced and therefore arrested Plaintiff. Plaintiff was charged with violating the restraining order. At a hearing, the prosecution moved to dismiss the charge when it was determined the order was a civil restraining order and not a protective order, “which made it not enforceable as a crime.” The prosecution’s motion was granted, and the matter was dismissed. Plainitff claims the deputies’ actions violated his Fourth Amendment rights. The district court granted the deputies’ motion for summary judgment, arguing that they were immune from prosecution for carrying out their duties in furtherance of the judicial process. The Tenth Circuit affirmed the district court, finding that the deputies were immune under the “quasi-judicial immunity.”
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