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SALT LAKE CITY (AP) -- The 10th U.S. Circuit Court of Appeals has ruled that Utah County and two sheriff's deputies had governmental immunity against a lawsuit by the family of a suicidal man shot to death in a standoff.
However, the court ruled that the Orem and Pleasant Grove police officers who fired the rounds that killed David Walker did not have immunity.
The ruling handed down late Tuesday dismissed some of the claims filed by David and Debbie Walker but sent claims against Orem police officer Harold Peterson and Pleasant Grove police officer John Clayton, the two officers who fired fatal shots, back to U.S. District Court in Salt Lake City.
According to the ruling, David Walker made a suicidal call to his mother on Dec. 29, 1998. She contacted Utah County sheriff's dispatch.
According to the Walkers, they were told they had to report a crime to get law enforcement involved in finding their son.
Debbie Walker then reported that her son had stolen her car.
The ruling said the Orem dispatch said Walker was a "threat to his family and others."
David Walker's calls were traced to an Orem gas station pay phone.
Police said he led officers on an hourlong chase through Orem, Pleasant Grove and American Fork and almost ran over one officer before pulling up to his parent's home just outside of Lehi.
Officers found Walker holding a 2-inch blade against his wrist.
The court said Peterson got out of his vehicle and fired two rounds into Walker from 28 feet, and Clayton then fired two more rounds into Walker.
The officers contend they shouted a verbal warning.
The court said the officers had no reason to believe that Walker had a gun or any other weapon other than the small blade with which he threatened to cut his wrist. It said he was only a danger to himself at the time he was shot.
After the shooting, family members attempted to rush to David Walker but were restrained by officers. They said were then ushered into their home and questioned for an hour and a half. Because of this, they were unable to get to the hospital before their son died, the parents said.
The family claimed their Fourth Amendment rights were violated because none of them was a criminal suspect or under arrest.
The appellate court ruled that police were reasonable in securing a crime scene and questioning witnesses.
The court found that the 90-minute detention was unreasonable, but it found no clear case law that would have put officers on notice that this was not appropriate.
In addition to claims against the Orem officers, the family also made a claim against Utah County, citing that proper training on how to handle suicidal calls could have saved their son's life.
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Information from: Deseret Morning News, http://www.deseretnews.com
(Copyright 2006 by The Associated Press. All Rights Reserved.)
