Becker v. Bateman, No. 11-4054 (10th Cir. 2013)
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Plaintiff-Appellant David Becker was pulled over by Defendant-Appellee Officer Jason Bateman in a parking lot in Heber City, Utah. A confrontation ensued which ended in Plaintiff being thrown to the ground and suffering a severe traumatic brain injury. Plaintiff brought suit against Officer Bateman, the Heber City Chief of Police in his official capacity, and Heber City under 42 U.S.C. 1983, alleging Officer Bateman used excessive force in violation of the Fourth Amendment. He also asserted a claim for loss of consortium. The district court granted the defendants' motion for summary judgment, concluding Officer Bateman did not violate Plaintiff's constitutional rights. Because the violation of constitutional rights Plaintiff asserted was not clearly established at the time of the violation, the Tenth Circuit affirmed the district court’s grant of summary judgment to Officer Bateman. However, the district court erred in concluding there were no genuine issues of material fact as to whether a constitutional violation occurred. The grant of summary judgment in favor of the City was therefore reversed. On remand, the district court must determine whether Plaintiff can withstand summary judgment as to the second element of his municipal liability claim. Similarly, the district court must determine whether Mrs. Becker could maintain a cause of action for loss of consortium against the City in light of the Court's ruling that a reasonable jury could conclude Plaintiff's constitutional
rights were violated.
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