Warnick v. Cooley, No. 17-4065 (10th Cir. 2018)Annotate this Case
Silvan Warnick brought a malicious prosecution case and a number of state law tort claims against several Salt Lake County prosecutors and investigators. Warnick served as a constable in Salt Lake County. Daniel Herboldsheimer worked for Warnick as a deputy constable. In 2011, Herboldsheimer was serving as bailiff for the South Salt Lake City Justice Court when a criminal defendant attempted to flee. Herboldsheimer pursued, and eventually both Herboldsheimer and another deputy constable, Scott Hansen, another deputy constable, apprehended the defendant. After the fact, Herboldsheimer filed an incident report describing what had happened. According to the complaint, Warnick told Herboldsheimer that his report did not comport with county policy because it contained hearsay observations from others, and not Herboldsheimer’s direct observations. In particular, Herboldsheimer’s report made incorrect statements about Hansen’s use of force to subdue the fleeing defendant. Warnick alleged Herboldsheimer took offense to Warnick’s rebuke. Soon afterward, Herboldsheimer contacted the Salt Lake County Attorney’s Office and falsely complained that Warnick and his staff member, Alanna Warnick (Silvan Warnick’s wife), had instructed him to falsify his incident report. In addition, Herboldsheimer told the prosecutors that Warnick had made changes to his report - something he took to be falsification. Warnick claimed he was falsely accused of tampering with evidence that led to the filing of criminal charges against him that were later dismissed. The district court granted the defendants’ motion to dismiss, and Warnick appealed. The Tenth Circuit affirmed, finding, like the district court, that absolute prosecutorial immunity precluded Warnick from suing the prosecutors for filing charges, and that Warnick failed to plead the rest of his allegations with sufficient factual specificity.