Judge Tena Campbell – Motion for Summary Judgment denied

CLARE DOLL CHASE, Plaintiff, vs. CEDAR CITY CORPORATION, et al., Defendants.

Case No. 2:05 CV 293

2006 U.S. Dist. LEXIS 65638

September 12, 2006

Judge Tena Campbell

He said / she said.

Plaintiff Clare Doll Chase was arrested for disorderly conduct and interfering with an arresting officer after she challenged the right of cable workers to be in her backyard.

The police officer states that he responded to the Plaintiff’s property to ensure that cable workers were able to finish a job located within a utility easement in plaintiff’s backyard. Officer states that he warned plaintiff several times to return to the house to avoid arrest. Despite the warnings, plaintiff continued “accost the workers.” At that time, the officer used force on the plaintiff, putting her in a “twist lock” and ultimately arresting her.

Plaintiff (not surprisingly) said she was “fully cooperative and compliant” with the officer. She also claims that she was never informed that she should return to the house or face possible arrest.

Plaintiff alleges she was discriminated against in violation of the Americans with Disabilities Act, was subjected to excessive force, and was illegally arrested. Ms. Chase also alleges a cause of action for trespass, challenging the right of the cable company workers to be in her backyard.

Defendants include Cedar City, Utah, two Cedar City police officers, the cable workers themselves, as well as multiple communications companies. In denying Cedar City’s motion for summary judgment, the court remarked: “the lack of discovery in this matter, coupled with the reality that the parties dispute the core facts that form the basis for Ms. Chase’s claims, precludes the entry of summary judgment at this time.”

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