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McCoy v. Crook County Sheriff's Dept.9/16/1999
Appeal from the District Court of Crook County: The Honorable Dan R. Price II, Judge
Appellants appeal the decision of the district court dismissing their claims for peace officers' negligence and wrongful death on summary judgment. The personal representative and next of kin of Joseph Arlint sought to receive damages for the wrongful death of Arlint, asserting that a deputy sheriff and a police chief were negligent in failing to arrest Arlint when they encountered him operating a motorbike while intoxicated. Finding that no legally enforceable duty to arrest existed on the part of the police officers, we affirm the decision of the district court.
ISSUES
Appellants set forth a number of issues for our consideration:
I. Duty:
Whether a Wyoming peace officer who initiated a lawful traffic stop of an obviously, undeniably intoxicated motorist, owed a duty to that motorist to arrest him or, in the alternative, to disable or impound the motorist's vehicle.
II. Causation:
Whether the release of an obviously, undeniably intoxicated motorist and his vehicle by a Wyoming peace officer after a lawful traffic stop, followed immediately by a wreck inflicting fatal injuries, proximately caused the motorist's death.
III. Immunity:
Whether a Wyoming peace officer engaged in patrol functions who failed to arrest an obviously, undeniably intoxicated motorist during a lawful traffic stop is entitled to common law immunity from liability for the death of the motorist.
Appellants query with respect to each issue whether "the District Court could resolve the foregoing . . . issue on a motion for summary judgment in this case, given the disputed facts shown in the record below."
Appellees' issues are stated somewhat more succinctly:
a. Were the material facts undisputed and supportive of the Court's entry of summary judgment in favor of Appellees?
b. Was the Court's alternative finding that qualified immunity be applied to Appellees appropriate?
FACTS
Considering the facts of this case in a light most favorable to the party opposing the Motion for Summary Judgment as we are bound to do, the record reveals the following:
On June 16, 1994, decedent Joe Arlint, age 23, and his friend, Matt Sulephen, were living at the home of the Crook County Justice of the Peace, Ron Waugh. Mr. Arlint was the son of Judge Waugh's fiancé, Cathy McCoy. Judge Waugh and his fiancé were out of town and, unbeknownst to them, Mr. Arlint and his friends had planned a party in their absence. The record indicates that Arlint and Sulephen consumed considerable amounts of alcohol during the course of the day. Sometime after 5:00 p.m., Arlint took an old motorbike from the Waugh residence and traveled to Hulett where he visited at least one bar with Sulephen. The two were ejected from the premises for being drunk and disorderly.
At about 9:34 that evening, a telephone call was made to the Crook County Sheriff's Office indicating someone was hot-rodding around Hulett on a motorbike, riding across lawns and parks. Deputy David Wolfskill responded to the call and immediately observed decedent on a motorbike speeding 44 m.p.h. in a 30 m.p.h. zone. He initiated a traffic stop and found decedent to be loud, uncooperative and verbally abusive. Concluding that he needed additional help, Deputy Wolfskill called for backup. Hulett's Chief of Police, John McPartland, who was off duty that day, responded to the scene.
Subsequent medical evidence and other testimony indicate that decedent was legally intoxicated, but the office
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