2:24-cv-00200•Brown v. Utah County Jail
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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF UTAH, CENTRAL DIVISION ROBERT LOUIS BROWN, Plaintiff, v. UTAH COUNTY JAIL, Defendant. REPORT AND RECOMMENDATION TO DENY DEFENDANT’S MOTION FOR SUMMARY JUDGMENT [11] Case No. 2:24-cv-00200-DBB-CMR Judge David Barlow Magistrate Judge Cecilia M. Romero This matter is referred to the undersigned pursuant to 28 U.S.C. § 636(b)(1)(B) (ECF 3). Before the court is Defendant Utah County Jail’s (Defendant) Motion for Summary Judgment (Motion) (ECF 11). The court also considered Plaintiff Robert Louis Brown’s (Plaintiff) Response (ECF 16) and Defendant’s Request to Submit for Decision, wherein Defendant indicated it would not submit a reply (ECF 19). Having carefully considered the relevant filings, the court finds that oral argument is not necessary and will decide this matter based on the written memoranda. See DUCivR 7-1(g). For the reasons set forth below, the undersigned RECOMMENDS that the court DENY Defendant’s Motion. I. PROCEDURAL BACKGROUND Plaintiff initiated this action on March 18, 2024, asserting that the Utah County Jail violated his civil rights under the Fifth Amendment (ECF 1). The only named and served defendant is the Utah County Jail (see id.). Defendant filed its Answer (ECF 6) on May 6, 2024. On October 30, 2024, Defendant filed a Motion for Scheduling Order (ECF 8), which the court granted after no response was received from Plaintiff (ECF 9). The Scheduling Order set the deadline for fact discovery to close on May 1, 2025, and the deadline for filing dispositive or potentially dispositive Case 2:24-cv-00200-DBB-CMR Document 40 Filed 01/16/26 PageID.<pageID> Page 1 of 7
2 motions on October 1, 2025 (id.). Other than the Motion for Scheduling Order (ECF 8), no other pre-trial motions were filed. On May 5, 2025, Defendant filed its Motion for Summary Judgment (ECF 11) seeking summary judgment on Plaintiff’s claims and requesting dismissal of the Complaint for the following reasons: (1) Plaintiff failed to prosecute the case, (2) Plaintiff failed to state a claim, and (3) Defendant is protected under qualified immunity (id. at 1–2). In support of the Motion, Plaintiff filed only “Exhibit A (Jail Records)” (ECF 11-1). On July 21, 2025 (more than two months after the filing of the Motion), the court ordered Plaintiff to file a response to the Motion (ECF 15), which Plaintiff filed on July 25, 2025 (ECF 16). II. FACTUAL BACKGROUND The court notes that Plaintiff’s Response neither disputes any of Defendant’s undisputed facts nor cites to evidence disputing the facts recited by Defendant. See DUCivR 56-1(c)(3) (“A party must restate only those specific facts the opposing party contends are genuinely disputed or immaterial, providing a concise statement explaining why the fact is disputed or immaterial, and cite to the evidence used to refute the fact.”). If the non-moving party does not dispute any undisputed facts, the court may consider the moving party’s statement of undisputed facts as undisputed for purposes of the motion. Fed. R. Civ. P. 56(e)(2) (“If a party fails to properly support an assertion of fact or fails to properly address another party’s assertion of fact as required by Rule 56(c), the court may . . . consider the fact undisputed for purposes of the motion[.]”). Here, the court cannot consider Defendant’s Statement of Undisputed Facts (ECF 11 at 2– 4) as undisputed for purposes of the Motion. Defendant’s Motion was submitted without any affidavit or declaration providing any foundation for the facts alleged in the Motion. Nor does Case 2:24-cv-00200-DBB-CMR Document 40 Filed 01/16/26 PageID.<pageID> Page 2 of 7
3 Defendant address the admissibility of the only exhibit upon which its Motion relies.1 Furthermore, in many instances, Defendant cites the Complaint but does not state that it will accept the facts cited as true, which is concerning given that the Answer denies all allegations except one (ECF 6 at 1). As such, because there are too many unanswered questions in Defendant’s Statement of Undisputed Facts, the court finds itself in the unusual situation of not being able to accept the facts as undisputed and therefore will not consider them. The court, however, for the sole purpose of providing general background information, indicates that this case concerns Plaintiff’s allegations that he was booked into Utah County Jail on February 21, 2024, and was wrongly placed on a suicide watch, in violation of the Fifth Amendment (ECF 1). III. LEGAL STANDARDS A. Summary Judgment Standard “The court shall grant summary judgment if the movant shows that there is no genuine dispute as to any material fact and the movant is entitled to judgment as a matter of law.” Fed. R. Civ. P. 56(a). “For there to be a ‘genuine’ dispute of fact, there must be more than a mere scintilla of evidence; to avoid summary judgment, the evidence must be such that a reasonable jury could return a verdict for the nonmoving party.” Aubrey v. Koppes, 975 F.3d 995, 1004 (10th Cir. 2020) (quoting Rocky Mountain Prestress, LLC v. Liberty Mut. Fire Ins. Co., 960 F.3d 1255, 1259 (10th Cir. 2020)). “The court may not grant summary judgment . . . unless the moving party has met its 1 See Trevizo v. Adams, 455 F.3d 1155, 1160 (10th Cir. 2006) (“[T]o determine whether genuine issues of material fact make a jury trial necessary, a court necessarily may consider only the evidence that would be available to the jury’ in some form.” (quoting Argo v. Blue Cross & Blue Shield of Kansas, Inc., 452 F.3d 1193, 1199 (10th Cir. 2006))); Brown v. Perez, 835 F.3d 223, 1232 (10th Cir. 2016) (“The requirement is that the party submitting the evidence show that it will be possible to put the information, the substance or content of the evidence, into an admissible form.” (quoting 11 James Wm. Moore et. al., Moore’s Federal Practice–Civil § 56.91 (3d ed. 2015))). Case 2:24-cv-00200-DBB-CMR Document 40 Filed 01/16/26 PageID.<pageID> Page 3 of 7
4 initial burden of production and demonstrated its entitlement to judgment as a matter of law.” See Cooper v. Monetary Inc., 2:12cv506 DAK, 2014 WL 1350274, at *1 (D. Utah Mar. 28, 2014) (citing Reed v. Nellcor Puritan Bennett, 312 F.3d 1190, 1194 (10th Cir. 2002)). Because Plaintiff is proceeding pro se, the court construes his pleadings liberally and holds them to a less stringent standard than formal pleadings drafted by lawyers. See Hall v. Bellmon, 935 F.2d 1106, 1110 (10th Cir. 1991). However, “[t]his liberal treatment is not without limits, and ‘this court has repeatedly insisted that pro se parties follow the same rules of procedure that govern other litigants.’” Kay v. Bemis, 500 F.3d 1214, 1218 (10th Cir. 2007) (quoting Garrett v. Selby, Connor, Maddux & Janer, 425 F.3d 836, 840 (10th Cir. 2005)). IV. DISCUSSION Defendant’s Motion seeks summary judgment indicating in the first sentence it is only moving under Federal Rule of Civil Procedure 56 on Plaintiff’s claims and requests dismissal of the Complaint for the following reasons: (1) Plaintiff failed to prosecute the case, (2) Plaintiff failed to state a claim, and (3) Defendant is protected under qualified immunity (id. at 1–2). Although Defendant’s Motion moves under Rule 56, the Motion conflates various legal standards and argues legal theories that appear to not be applicable in this case. Accordingly, for the reasons explained below, the court recommends that Defendant’s Motion be denied. Defendant first argues that its Motion should be granted because Plaintiff has failed to prosecute the case by failing to comply with the requirements of Federal Rule of Civil Procedure 37 (ECF 11 at 4) (“Plaintiff has failed to comply with the Federal Rules of Civil Procedure requirements to (1) timely disclose any witnesses and evidence, including documents; and (2) Brown has failed to disclose a meaningful computation of damages.”). Defendant further contends that because Plaintiff has failed to prosecute the case, Plaintiff “cannot make a prima facie showing on his claim because he cannot present any evidence” (id. at 5). Defendant then Case 2:24-cv-00200-DBB-CMR Document 40 Filed 01/16/26 PageID.<pageID> Page 4 of 7
5 explains that Plaintiff’s “only escape from Rule 37’s exclusions is to establish that his failure ‘was substantially justified or harmless,’” which Plaintiff allegedly cannot establish (id. at 5–10) (quoting Woodworker's Supply, Inc. v. Principal Mut. Life Ins. Co., 170 F.3d 985, 993 (10th Cir. 1999)). While Plaintiff appears to have not complied with Rules 26 and 37 or the court’s Scheduling Order, dismissal for these reasons is not properly before the court in this Rule 56 Motion. Rather, such issues can be raised in a motion seeking dismissal as a sanction under Rule 37(b)(2), or perhaps under Rule 41(b). See Fed. R. Civ. P. 37(b)(2)(A)(v) (“If a party ... fails to obey an order to provide or permit discovery ... the court where the action is pending may issue further just orders,” including “dismissing the action or proceeding in whole or in part.”); Fed. R. Civ. P. 41(b) (“If the plaintiff fails to prosecute or to comply with these rules or a court order, a defendant may move to dismiss the action or any claim against it.”).2 Even if the court were to consider the Motion as seeking dismissal under Rule 37, Defendant’s Motion does not address the correct legal standard. See Parent 1 Mother v. Park City Sch. Dist., No. 2:22-CV-00444- DAK-JCB, 2025 WL 961525, at *3 (D. Utah Mar. 31, 2025) (“Where an exclusion of evidence carries the force and effect of dismissal, courts should consider several factors before imposing dismissal as a sanction, generally known as the Ehrenhaus factors.” (citing HCG Platinum, LLC v. Preferred Prod. Placement Corp., 873 F.3d 1191, 1203 (10th Cir. 2017))). The Motion does not address the Ehrenhaus factors or Rule 41. See Ehrenhaus v. Reynolds, 965 F.2d 916, 921 (10th Cir. 1992). Therefore, the court does not consider Defendant’s arguments pertaining to failure to prosecute. 2 See also Parent 1 Mother v. Park City Sch. Dist., No. 2:22-CV-00444-DAK-JCB, 2025 WL 961525, at *1, n.1 (D. Utah Mar. 31, 2025) (noting that the defendant initially moved under Rule 56 but then later clarified dismissal was sought pursuant to Rule 37, and the court also considered Rule 41 as opposed to Rule 56). Case 2:24-cv-00200-DBB-CMR Document 40 Filed 01/16/26 PageID.<pageID> Page 5 of 7
6 Defendant also argues that the case should be dismissed because “Utah County Jail did not violate Brown’s Fifth Amendment rights [], but even if it did, the Complaint should still be dismissed due to qualified immunity” (ECF 11 at 10). Qualified immunity, however, does not appear to be the correct legal analysis because Defendant’s Motion fails to address that Utah law does not support a direct claim against county subdivisions, including jails. White v. Utah, 5 F. App'x 852, 852–53 (10th Cir. 2001) (“In Utah, a statute expressly provides that a county may sue or be sued . . . , but there is no statutory or case authority supporting a direct action against a county’s subdivisions, including its jails.” (emphasis added) (citing Utah Code Ann. § 17–50– 302(2)(a))). Because the Utah County Jail is an entity that cannot be sued, and the only named Defendant in this action, the court cannot adequately address Defendant’s arguments that the Utah County Jail did not violate Plaintiff’s Fifth Amendment rights or, in the alternative, that the Utah County Jail is protected by qualified immunity. Finally, the court finds that Defendant failed to comply with the rules governing the submission of a Motion for Summary Judgment, as it failed to properly submit its evidence or address the correct legal standards. V. CONCLUSION Because Defendant’s Motion failed adhere to the rule on submitting evidence, conflates legal standards, and raises legal theories the court cannot adequately address, the court finds that Defendant has not established that the undisputed facts show that it is entitled to judgment as a matter of law on Plaintiff’s claims. RECOMMENDATION For the foregoing reasons, IT IS HEREBY RECOMMENDED that Defendant’s Motion for Summary Judgment (ECF 11) be DENIED, and because the dispositive deadline has passed, Case 2:24-cv-00200-DBB-CMR Document 40 Filed 01/16/26 PageID.<pageID> Page 6 of 7
7 Defendant be granted leave to submit a properly supported and procedurally correct motion within 28 days of the ruling on this Report and Recommendation. NOTICE Copies of the foregoing Report and Recommendation are being sent to all parties who are hereby notified of their right to object. Within fourteen (14) days of being served with a copy, any party may serve and file written objections. See 28 U.S.C. § 636(b)(1); Fed. R. Civ. P. 72(b). Failure to object may constitute a waiver of objections upon subsequent review. DATED this 16 January 2026. Magistrate Judge Cecilia M. Romero United States District Court for the District of Utah Case 2:24-cv-00200-DBB-CMR Document 40 Filed 01/16/26 PageID.<pageID> Page 7 of 7
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