Cheek v. Iron County
Cheek v. Iron County
Opinion
¶1 After her civil rights claims were dismissed in federal court, Haylee Cheek filed a complaint in state district court alleging that she had been treated with unnecessary rigor, in contravention of the Utah Constitution. As she had in her federal suit, she named as defendants Iron County; the Iron County Attorney, Scott Garrett; and Cedar City (collectively, the Defendants). Upon a motion from each of the Defendants, the state district court dismissed Cheek's claims without reaching any conclusions regarding their substantive merit. Cheek appeals. We affirm in part and reverse in part.
BACKGROUND 1
The Federal Suit
¶2 On May 28, 2010, Cheek filed a complaint in Utah's federal district court alleging that, during her arrest and subsequent detention, the Defendants had violated her civil rights. 2 The complaint contained seven causes of action arising under section 1983 of the United States Code and three arising under the "unnecessary rigor" provision of the Utah Constitution. 3 In support of her state-law claims, Cheek alleged that the named defendants had violated her constitutional rights by setting excessive bail, by compelling her to provide blood and urine samples pursuant to an illegal warrant, and by failing to protect her from a sexual assault during her incarceration.
¶3 In the initial complaint, Cheek listed Garrett as a defendant in both his official and individual capacities. But Cheek later amended the complaint to include Garrett only in his official capacity. Garrett then filed a motion to dismiss. The federal court granted the motion on November 18, 2014, reasoning that the complaint stated that the individual defendants were sued only in their official capacity. The court explained:
An official-capacity suit is another way of pleading an action against an entity of which an officer is an agent. What's more, a person sued in his official capacity has no stake, as an individual, in the outcome of [the] litigation. Accordingly, the claims against all individual defendants ... are dismissed.
The court specified in its order that Garrett's dismissal was "with prejudice."
¶4 Following Garrett's dismissal, Cedar City and Iron County moved, respectively, for summary judgment and judgment on the pleadings. Rather than opposing these motions, Cheek conceded that her "claims under federal law may be procedurally, legally and/or factually insufficient" and agreed that they should be dismissed with prejudice. In light of this concession, the federal court dismissed Cheek's suit, noting that she had the option to refile her state-law claims in a state court of general jurisdiction.
The State Suit
¶5 In May 2015, Cheek commenced this action in Utah's Fifth District Court against the Defendants and several Cedar City and Iron County departments and employees. In her complaint, she reasserted two of her three unnecessary rigor claims, this time narrowing the scope of her suit to the allegations that the Defendants had illegally compelled her to provide a urine sample and that they had failed to prevent her sexual assault. After filing her complaint, Cheek attempted to effect service on the Defendants, with, as it turns out, only mixed success.
¶6 In October 2015, the Defendants filed motions to dismiss. Cedar City argued that Cheek's claims against it should be dismissed on jurisdictional grounds because she had failed to file a notice of claim prior to commencing her action, in accordance with the Governmental Immunity Act of Utah. Garrett, for his part, argued that Cheek's claims against him were barred by the doctrine of res judicata. Finally, Iron County argued that the state district court had not effectively exerted jurisdiction over the county because Cheek did not serve the summons and complaint on the County Clerk, as required by rule 4 of the Utah Rules of Civil Procedure. Instead, she had served the County Recorder. 4
¶7 The state district court granted Cedar City's motion in November 2015, and it granted Garrett's and Iron County's motions several months later in a bifurcated order. In its first "partial" order, entered in July 2016, the court dismissed all Iron County departments, as they are not separate legal entities and cannot be sued. The court also dismissed all employees named in the suit, with the exception of Garrett, explaining that Cheek had voluntarily relinquished her claims against them during the hearing on Iron County's motion. The court then entered its second order in August 2016, wherein it dismissed Cheek's claims against Garrett with prejudice and her claims against Iron County without prejudice. On appeal, Cheek concedes that all of her claims were time-barred by the time the court ruled on Iron County's motion, meaning that, if it stands, the court's second order effectively put an end to her suit. Cheek now appeals the district court's orders.
ISSUES AND STANDARDS OF REVIEW
¶8 Cheek presents three issues for our review. In her opening brief, Cheek ascribes error to the state district court's conclusion that it lacked jurisdiction over the subject matter of her suit against Cedar City. The court's decision should be reversed, she argues, because it rested on the incorrect premise that her unnecessary rigor claims were subject to the notice-of-claim provisions of Utah's Governmental Immunity Act. Rather than contesting this point, Cedar City concedes that a plaintiff's right to assert an unnecessary rigor claim is not subject to the Governmental Immunity Act and argues that we should affirm on mootness grounds instead.
¶9 Accordingly, the first issue presented for our review becomes this: To successfully assert an unnecessary rigor claim against a governmental employer, must a plaintiff name, as a party to the action, the individual employee whose conduct gave rise to the claim? If so, Cedar City argues, then the district court's errant jurisdictional determination is mooted by the district court's July 2016 order, in which it dismissed all of Cheek's claims against Cedar City and Iron County employees with prejudice. Whether a plaintiff has successfully stated a prima facie claim for relief is a question of law, which we review for correctness.
Handy v. Union Pac. R.R.
,
¶10 The second issue for our review is whether the state district court erred in concluding that Cheek's claims against Garrett were barred by the doctrine of res judicata. "Whether a claim is barred by res judicata is a question of law that we review for correctness."
Gillmor v. Family Link, LLC
,
¶11 The third issue is whether the court erroneously concluded that it did not have personal jurisdiction over Iron County given Cheek's failure to serve the County Clerk. "Whether the district court had personal jurisdiction is a question of law, which we review for correctness."
Bel Courtyard Invs. v. Wolfe
,
ANALYSIS
I. Cedar City
¶12 We begin by addressing Cedar City's mootness argument. As we briefly explained above, Cedar City concedes that the district court erred in determining that it did not have jurisdiction over Cheek's unnecessary rigor claims against it. Nevertheless, the City contends that the jurisdictional issue was mooted by the court's July 2016 order. In that order, which Cheek has not challenged on appeal, the court dismissed with prejudice Cheek's claims against every Cedar City employee named as a defendant in the complaint. Cedar City contends that this is fatal to Cheek's suit against it because an unnecessary rigor claimant proceeding against a governmental employer must, in order to survive a motion to dismiss, name as a defendant the particular employee who subjected her to unnecessary rigor. Because we see no basis for this purported requirement in the law, we reject Cedar City's mootness argument and reverse the district court's decision dismissing the City from the action.
¶13 As an initial matter, we note that we will decline to reach the issue of whether the district court had jurisdiction over the subject matter of a suit if we determine that the issue has become moot on appeal. In general, "subject matter jurisdiction goes to the heart of a court's authority to hear a case," and as such, "it is not subject to waiver and may be raised at any time."
In re adoption of Baby E.Z.
,
¶14 Cedar City has not persuaded us that Cheek is required to name a City employee
as a party
in order to proceed with her suit. The City maintains that our Supreme Court's decision in
Bott v. Deland
,
¶15 Our interpretation of the Supreme Court's language in
Bott
accords with ordinary rules of agency law,
see
Mounteer v. Utah Power & Light Co.
,
II. Garrett
¶16 Cheek maintains that the state district court erred in dismissing her unnecessary rigor claims against Garrett on res judicata grounds.
5
"The doctrine of res judicata embraces two distinct branches: claim preclusion and issue preclusion."
Mack v. Utah State Dep't of Commerce
,
Whether a claim is precluded from relitigation depends on a three-part test. First, both cases must involve the same parties or their privies. Second, the claim that is alleged to be barred must have been presented in the first suit or be one that could and should have been raised in the first action. Third, the first suit must have resulted in a final judgment on the merits.
¶17 Cheek does not challenge the state district court's determination that the first two prongs of the claim-preclusion test were satisfied as to Garrett. Rather, she challenges only its determination that the federal district court's decision dismissing Garrett from the first action constituted a final judgment "on the merits." 6 We conclude that Cheek has failed to carry her burden of persuasion on this issue.
¶18 Our Supreme Court has explained that the phrase " '[o]n the merits' is a term of art" referring to a judgment "rendered only after a court has evaluated the relevant evidence and the parties' substantive arguments."
Miller v. USAA Cas. Ins. Co.
,
¶19 Despite the logic of her position, we disagree. In the courts of this state and the federal system alike, even though it does not involve the usual hallmarks of a resolution on the merits, a successful motion to dismiss for failure to state a claim results in a final judgment on the merits and " 'is accorded res judicata effect.' "
Mack
,
III. Iron County
¶20 Cheek also maintains that the state district court erred in determining that it did not have personal jurisdiction over Iron County as a result of her defective service of process. While conceding that her service upon the County Recorder did not satisfy rule 4(d) of the Utah Rules of Civil Procedure, see Utah R. Civ. P. 4(d)(1)(G) ("Upon a county, [personal service must be made] by delivering a copy of the summons and complaint ... to the county clerk [.]") (emphasis added), she maintains that the court exerted jurisdiction over Iron County all the same by operation of the now defunct rule 4(b)(ii). Again, we conclude that Cheek has failed to carry her burden of persuasion.
¶21 When the district court entered its order dismissing Iron County from the action, rule 4(b) of the Utah Rules of Civil Procedure provided that, "[i]n any action brought against two or more defendants on which service has been timely obtained upon one of them, (A) the plaintiff may proceed against those served, and (B) the others may be served or appear [ 8 ] at any time prior to trial." Utah R. Civ. P. 4(b)(ii) (2016). 9 Cheek contends that the court's decision to dismiss Iron County from the action was premature under this rule because the sufficiency of her service upon the other Defendants is undisputed, and the court rendered its decision prior to the trial stage. In other words, given that the other Defendants had been properly served, Cheek argues that Iron County was not permitted to move for dismissal on defective service grounds until the first day of trial. 10
¶22 Cheek concedes, however, that her argument conflicts with our Supreme Court's decision in
Hunter v. Sunrise Title Co.
,
[T]he co-defendant provision of rule 4(b)... allowing service "at any time prior to trial" does not apply where ... all other co-defendants have been formally dismissed. If all served co-defendants are formally dismissed from an action, rule 4(b) mandates service upon at least one remaining unserved defendant within 120 days of the date of filing of the complaint, absent the district court's timely grant of an extension. A plaintiff's failure to satisfy the 120-day requirement or obtain an extension [ 11 ] results in dismissal of the complaint as untimely ....
Id. ¶ 14.
¶23 Cheek asks us to carve out an exception to the rule stated in Hunter . She maintains that her case is distinguishable because, unlike the dismissed defendants in Hunter , here "neither of the two served Defendants should have been dismissed." But while Cheek has successfully convinced us that the district court improperly dismissed one of the Defendants, she does not explain why this distinction compels us to deviate from binding precedent.
¶24 "An appellate court is not a depository into which parties may dump the burden of their argument and research."
Andersen v. Andersen
,
¶25 Cheek fails to carry her burden on appeal because she makes no attempt to present "reasoned analysis supported by citations to legal authority,"
see
Utah R. App. P. 24(a)(8), to convince us that the rule in
Hunter
should not apply in her case. In fact, the entirety of her argument is limited to a single, three-sentence paragraph, which takes up not even one half of one page of her opening brief. Of course, the strength of an appellant's argument does not necessarily increase in proportion with its length. Yet here, given that Cheek's scant argument contains neither reasons nor legal citations in support of her position, there can be no question that Cheek's argument is "so lacking as to shift the burden of research and argument to the reviewing court."
See
Hill
,
¶26 Further, we observe that the persuasiveness of Cheek's basic position is far from obvious. In fact, there is nothing in
Hunter
suggesting that the scope of its holding is
limited to cases in which all served defendants have been
properly
dismissed. On the contrary, the Court expressly held that rule 4(b)(ii) did not apply whenever the served defendants had been "formally dismissed."
Hunter
,
¶27 Accordingly, Cheek has failed to persuade us that the Hunter exception to rule 4(b)(ii) did not apply if a served defendant was dismissed improperly. We therefore affirm the court's decision that Cheek's defective service did not effectively bring Iron County under its jurisdiction and that Cheek could not avail herself of rule 4(b)(ii) 's protection.
CONCLUSION
¶28 For the foregoing reasons, we reverse the district court's decisions dismissing Cedar City from the action but affirm its decision to dismiss Iron County and Garrett. We remand the case for further proceedings consistent with this opinion.
When reviewing a motion to dismiss, "we review the facts only as they are alleged in the complaint. We accept the factual allegations as true and draw all reasonable inferences from those facts in a light most favorable to the plaintiff."
Gregory v. Shurtleff
,
Following her arrest, Cheek was charged with several serious crimes, including aggravated robbery and aggravated kidnapping, for which she was ultimately convicted. We affirmed those convictions.
See
State v. Cheek
,
See Utah Const. art. I, § 9 ("Persons arrested or imprisoned shall not be treated with unnecessary rigor.").
Cheek suggests that she was informed by an unnamed Iron County employee that service upon the County Recorder would be effective. She does not, however, allege that the County Recorder accepted the summons and complaint with the willful or fraudulent purpose of evading effective service on the County.
"Federal law controls the claim-preclusive effect of prior federal judgments."
Haik v. Salt Lake City Corp.
,
Cheek also contends that the federal district court's order dismissing Garrett from the federal suit was not "final" for res judicata purposes because the other Defendants had yet to be dismissed from the action when the order was entered. This argument is unpersuasive. "In deciding whether the [district] court's order ... constitutes a final judgment and as such invokes the doctrine of res judicata we are guided by Rule 54(b) of the Utah Rules of Civil Procedure[.]"
Bernard v. Attebury
,
The appellant has the duty to provide the appellate court with all "materials in the record that are the subject of the dispute and that are of central importance to the determination of the issues presented for review." Utah R. App. P. 24(a)(12)(C) ;
see also
Cheek also contends that the district court had personal jurisdiction over Iron County notwithstanding her defective service because Iron County made a general appearance in the case.
See
Barlow v. Cappo
,
Our Supreme Court repealed rule 4(b)(ii) by amendment, effective November 1, 2016. See Utah R. Civ. P. 4 amendment notes (2017).
Ten months elapsed from the date Iron County moved to dismiss for defective service to the date that the motion was granted. Why Cheek did not simply re-serve Iron County in the interim and correct the mistake she now concedes she made, we cannot say.
Cheek also contends that reversal is warranted even if she cannot obtain shelter under rule 4(b)(ii) because she "requested ... an extension to remedy her failure to properly serve Iron County" before the district court entered its dismissal order. Iron County argues that this is a mischaracterization of the record. Regardless, it is undisputed that the court did not
grant
any such extension request, and Cheek has not argued that the court's inaction in this regard was an abuse of its discretion.
See
Warner v. Warner
,
Reference
- Full Case Name
- Haylee CHEEK, Appellant, v. IRON COUNTY, Iron County Attorney, and Cedar City, Appellees.
- Cited By
- 3 cases
- Status
- Published