Defendant's Attorney:

Description: Salt Lake City, Utah personal injury lawyer represented Plaintiff, who sued Defendants claiming that they violated his civil rights.


Plaintiff Jeff Hall sues Salt Lake Police Department Officers Val Brown and Kevin Murray and the City of Salt Lake, asserting that Officers Brown and Murray deprived him “of his rights protected under the First, Fourth, and Fourteenth Amendments to the United States Constitution,” Dkt. No. 2 ¶¶ 98, 108, and that Salt Lake City failed to properly train its officers and that its policies, practices, and customs violate the Constitution, see id. at ¶¶ 115-116. Mr. Hall also raises claims under the Utah Constitution. See id. at ¶¶ 124. Both officers claim qualified immunity and all defendants move for summary judgment.


On December 16, 2017, at approximately 10:30 PM, the Salt Lake City Police Department received two 911 calls about a violent male wedding guest, later identified as Mr. Hall. See Dkt. Nos. 24-2; 24-3; 24-5 at 2. Dispatch sent Officers Brown and Murray to the scene, informing them that there was a “domestic disturbance in progress,” and that the suspect was

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“being violent with his wife and others” and possibly intoxicated. Dkt. No. 24-4 at 0:28-1:25 (Radio Dispatch Recording).[1]

Shortly after the two officers arrived at the wedding, Officer Brown spoke briefly to the security guard, who had placed one of the 911 calls, and the guard pointed toward Mr. Hall's location in the parking lot. See Dkt. No. 24-7 at 0:00-0:19 (Officer Murray body camera).[2] Both officers then drove across the parking lot and parked approximately 60 feet from Mr. Hall. See Dkt. No. 30 at 20. Mr. Hall immediately displayed his middle fingers to the officers. See Dkt. No. 31-2 at 1. Officer Brown exited his vehicle and told Hall to “come here and talk to me for a minute.” Dkt. No. 24-6 at 0:52-0:56 (Officer Brown body camera). Mr. Hall responded with profanity. See id. It is undisputed that at this point, both officers concluded that Mr. Hall was drunk. See Dkt. No. 30 at 20. Mr. Hall repeatedly (and profanely) told the officers to call his brother, who he said was a Salt Lake City Police officer. See id. at 21.

Up to this point, the distance between Mr. Hall and Officer Brown ranged between ten feet and approximately 20-30 feet. See Dkt. No. 24-7 at 1:01-1:31. Mr. Hall largely paced back and forth, gradually increasing the distance between Officer Brown and himself. See id. Officer Brown occasionally moved forward but never attempted to close the distance to less than ten feet. See id. Officer Brown then told Mr. Hall, “Come here, buddy.” Id. at 1:28. Mr. Hall

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immediately responded, “No,” and stated, “I'm not your f****** buddy, you piece of s***.” Id. at 1:28-1:31. He then began an unmistakable-and, at least apparently, deliberate-advance toward Officer Brown. Id. at 1:27-1:34. Immediately after Mr. Hall's exclamation and as he began to move toward Officer Brown, Officer Murray yelled, “Hey! Hey! Hey!” Id. at 1:301:32. And Officer Brown repeatedly told Mr. Hall to “calm down” as Mr. Hall continued to advance and to direct profanities at Officer Brown. Id. at 1:34-1:38.

Mr. Hall advanced to within two feet of Officer Brown before raising his left hand to point at Officer Brown's face. See id. at 1:38-1:40. Almost immediately after Mr. Hall raised his hand, Officer Brown grabbed Mr. Hall's left arm and initiated a take-down. See id. Mr. Hall landed on his right side and shoulder before ending up on his back. See Dkt. No. 24-6 at 1:351:38. Officer Brown attempted to gain control of Mr. Hall's right arm while Officer Murray grabbed his left arm. See id.; Dkt. No. 24-7 at 1:40-1:47. The entire struggle lasted only a few seconds, but the officers struck Mr. Hall several times in the face during this time. See id.

The officers then handcuffed Mr. Hall and eventually moved him into a seated position. His face was bleeding profusely, and blood had pooled on the ground. See Dkt. No. 24-6 at 2:002:41. Officer Murray called in “medical, crime lab, and an arrest check.” Dkt. No. 30 at 27. Mr. Hall was subsequently transported to LDS Hospital for treatment. See Dkt. No. 37 at 29. He suffered “orbital skull fractures, facial lacerations, significant subconjunctival hemorrhaging, as well as permanent vision impairments involving double-vision and photophobia” from the incident. Id. at 28-29. Mr. Hall has no recollection of the events of that night. See Dkt. No. 30 at 30. During the incident, both officers were wearing gloves. Officer Brown was wearing gloves with “high-density padded knuckle and finger protectors,” Dkt. No. 37 at 16, and Officer Murray

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was wearing “Oakley Factory Pilot Gloves” that contained a “protective knuckle guard” and were made of “goat skin, elastane, nylon, rubber, and 3% carbon,” Id. at 17.

The City subsequently filed a misdemeanor citation for public intoxication against Mr. Hall on December 30, 2017, which was later dismissed without prejudice as untimely filed. See Dkt. No. 31-11 at 1-2. On March 2, 2018, Mr. Hall met with the Internal Affairs department of the Salt Lake City Police Department to discuss his desire to pursue a potential misconduct complaint against the officers. See Dkt. No. 2 at 16. Three days later, the District Attorney for Salt Lake County filed a four-count information against Mr. Hall. The information charged Mr. Hall with assaulting a peace officer, resisting arrest, public intoxication, and disorderly conduct.[3]

On September 17, 2018, Mr. Hall entered into a plea agreement. See Dkt. No. 24-24 at 4. As required by the agreement, Mr. Hall pled no contest to assaulting a peace officer, and his plea was held in abeyance pursuant to Utah Code § 77-2a-1. See id. The other counts were dismissed with prejudice. See id. As required by his plea in abeyance, Mr. Hall was placed on probation and required to complete community service and continue treatment at the VA. See id. at 5. The remaining count was subsequently dismissed with prejudice on April 7, 2021. See Dkt. No. 3112 at 7.

Mr. Hall filed this suit on September 25, 2020.

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On December 16, 2017, at approximately 10:30 PM, the Salt Lake City Police Department received two 911 calls about a violent male wedding guest, later identified as Mr. Hall. See Dkt. Nos. 24-2; 24-3; 24-5 at 2. Dispatch sent Officers Brown and Murray to the scene, informing them that there was a “domestic disturbance in progress,” and that the suspect was

1

“being violent with his wife and others” and possibly intoxicated. Dkt. No. 24-4 at 0:28-1:25 (Radio Dispatch Recording).[1]

Shortly after the two officers arrived at the wedding, Officer Brown spoke briefly to the security guard, who had placed one of the 911 calls, and the guard pointed toward Mr. Hall's location in the parking lot. See Dkt. No. 24-7 at 0:00-0:19 (Officer Murray body camera).[2] Both officers then drove across the parking lot and parked approximately 60 feet from Mr. Hall. See Dkt. No. 30 at 20. Mr. Hall immediately displayed his middle fingers to the officers. See Dkt. No. 31-2 at 1. Officer Brown exited his vehicle and told Hall to “come here and talk to me for a minute.” Dkt. No. 24-6 at 0:52-0:56 (Officer Brown body camera). Mr. Hall responded with profanity. See id. It is undisputed that at this point, both officers concluded that Mr. Hall was drunk. See Dkt. No. 30 at 20. Mr. Hall repeatedly (and profanely) told the officers to call his brother, who he said was a Salt Lake City Police officer. See id. at 21.

Up to this point, the distance between Mr. Hall and Officer Brown ranged between ten feet and approximately 20-30 feet. See Dkt. No. 24-7 at 1:01-1:31. Mr. Hall largely paced back and forth, gradually increasing the distance between Officer Brown and himself. See id. Officer Brown occasionally moved forward but never attempted to close the distance to less than ten feet. See id. Officer Brown then told Mr. Hall, “Come here, buddy.” Id. at 1:28. Mr. Hall

2

immediately responded, “No,” and stated, “I'm not your f****** buddy, you piece of s***.” Id. at 1:28-1:31. He then began an unmistakable-and, at least apparently, deliberate-advance toward Officer Brown. Id. at 1:27-1:34. Immediately after Mr. Hall's exclamation and as he began to move toward Officer Brown, Officer Murray yelled, “Hey! Hey! Hey!” Id. at 1:301:32. And Officer Brown repeatedly told Mr. Hall to “calm down” as Mr. Hall continued to advance and to direct profanities at Officer Brown. Id. at 1:34-1:38.

Mr. Hall advanced to within two feet of Officer Brown before raising his left hand to point at Officer Brown's face. See id. at 1:38-1:40. Almost immediately after Mr. Hall raised his hand, Officer Brown grabbed Mr. Hall's left arm and initiated a take-down. See id. Mr. Hall landed on his right side and shoulder before ending up on his back. See Dkt. No. 24-6 at 1:351:38. Officer Brown attempted to gain control of Mr. Hall's right arm while Officer Murray grabbed his left arm. See id.; Dkt. No. 24-7 at 1:40-1:47. The entire struggle lasted only a few seconds, but the officers struck Mr. Hall several times in the face during this time. See id.

The officers then handcuffed Mr. Hall and eventually moved him into a seated position. His face was bleeding profusely, and blood had pooled on the ground. See Dkt. No. 24-6 at 2:002:41. Officer Murray called in “medical, crime lab, and an arrest check.” Dkt. No. 30 at 27. Mr. Hall was subsequently transported to LDS Hospital for treatment. See Dkt. No. 37 at 29. He suffered “orbital skull fractures, facial lacerations, significant subconjunctival hemorrhaging, as well as permanent vision impairments involving double-vision and photophobia” from the incident. Id. at 28-29. Mr. Hall has no recollection of the events of that night. See Dkt. No. 30 at 30. During the incident, both officers were wearing gloves. Officer Brown was wearing gloves with “high-density padded knuckle and finger protectors,” Dkt. No. 37 at 16, and Officer Murray was wearing “Oakley Factory Pilot Gloves” that contained a “protective knuckle guard” and were made of “goat skin, elastane, nylon, rubber, and 3% carbon,” Id. at 17.

The City subsequently filed a misdemeanor citation for public intoxication against Mr. Hall on December 30, 2017, which was later dismissed without prejudice as untimely filed. See Dkt. No. 31-11 at 1-2. On March 2, 2018, Mr. Hall met with the Internal Affairs department of the Salt Lake City Police Department to discuss his desire to pursue a potential misconduct complaint against the officers. See Dkt. No. 2 at 16. Three days later, the District Attorney for Salt Lake County filed a four-count information against Mr. Hall. The information charged Mr. Hall with assaulting a peace officer, resisting arrest, public intoxication, and disorderly conduct.[3]

On September 17, 2018, Mr. Hall entered into a plea agreement. See Dkt. No. 24-24 at 4. As required by the agreement, Mr. Hall pled no contest to assaulting a peace officer, and his plea was held in abeyance pursuant to Utah Code § 77-2a-1. See id. The other counts were dismissed with prejudice. See id. As required by his plea in abeyance, Mr. Hall was placed on probation and required to complete community service and continue treatment at the VA. See id. at 5. The remaining count was subsequently dismissed with prejudice on April 7, 2021. See Dkt. No. 3112 at 7.

Mr. Hall filed this suit on September 25, 2020.

Outcome: Motions for summary judgment granted.

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