Judge Tena Campbell – Motion for Summary Judgment granted in part/denied in part

2006 U.S. Dist. LEXIS 57124

LEONARD G. MILLER, Plaintiff, vs. CITY OF TOOELE, et al., Defendants.

Case No. 2:03-CV-397

August 14, 2006

Judge Tena Campbell

Plaintiff Leonard G. Miller filed an action under 42 U.S.C. § 1983 against Defendants City of Tooele, Tooele City Police Department, Sargent Roger C. Niesporek, Detective Todd M. Hewitt, and Lieutenant Craig Wexels. Mr. Miller, who was arrested, charged, and ultimately convicted in state court of conspiracy to distribute a controlled substance, claims that he suffered multiple violations of his constitutional rights during the course of the criminal investigation and the subsequent prosecution. Additionally, Mr. Miller alleged that Sargent Niesporek and Detective Hewitt engaged in a conspiracy to deprive him of his civil rights under 42 U.S.C. § 1985(2). Mr. Miller also asserts a state law claim against Sargent Niesporek and Detective Hewitt for intentional infliction of emotional distress.

In an order dated July 27, 2005, the court addressed the majority of Mr. Miller’s claims. Intervening authority from the United States Supreme Court, as well as the submission of additional motions related to Mr. Miller’s underlying claims, caused the court issue this Amended Order. With this opinion, the court granted Defendants summary judgment on all claims raised by Mr. Miller with one exception. Defendants are not entitled to summary judgment on Mr. Miller’s claim that his Fourth Amendment rights were violated when law enforcement searched his home after completing a protective sweep, but before the arrival of a search warrant.

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