Fales v. County of Stanton
297 Neb. 41
| Neb. | 2017Background
- At ~12:45 a.m., minors Dillon Fales (passenger) and Bryant Irish (driver) left a party after consuming beer; Deputy Petersen began following their pickup after observing unsafe driving.
- Petersen activated emergency lights to initiate a traffic stop for a turn-signal violation (and possibly speeding); Irish accelerated instead of stopping.
- During the flight, Fales threw a 30-pack box of beer and cans out the window; Petersen reported seeing beer thrown and characterized it as destruction of evidence.
- The pickup later left the roadway at high speed, struck a culvert, and crashed; Fales suffered severe injuries and sued Stanton County under Neb. Rev. Stat. § 13-911 as an "innocent third party."
- The district court found Fales lost innocent-third-party status when he tossed the beer (broadening the officer’s focus to all occupants), dismissed his § 13-911 claim and negligence claim, and declined to address the County’s constitutional challenge to the statute.
- Fales appealed; the Nebraska Supreme Court reviewed whether Fales remained an innocent third party and affirmed the district court.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Fales was an "innocent third party" under § 13-911 | Fales argued he remained an innocent third party because the pursuit began for a traffic violation and Petersen didn’t know he threw the beer | County argued Fales became a person sought to be apprehended when he threw beer (destruction of evidence) observed by Petersen | Court held Fales lost innocent-third-party status when he tossed beer, so § 13-911 did not apply |
| Whether evidence supports that a vehicular pursuit targeted occupants beyond the driver | Fales: pursuit targeted driver only; passenger actions during pursuit insufficient to change status | County: observed destruction of evidence broadened officer’s intent to include occupants | Court held factual findings (officer observed beer being thrown and broadened apprehension) were not clearly erroneous |
| Whether a passenger can lose innocent-third-party status during pursuit | Fales: criminal act during pursuit alone doesn’t automatically make passenger a target (relying on Werner) | County: passenger’s active concealment made him a target despite pursuit’s origin | Court held a passenger may lose status if they take action during pursuit that makes them a person sought to be apprehended |
| Whether appellate court must address County’s constitutional challenge to § 13-911 | Fales: N/A (plaintiff sought recovery) | County cross-appealed claiming statute unconstitutional | Court declined to reach constitutional issue as unnecessary after resolving innocent-third-party question |
Key Cases Cited
- Werner v. County of Platte, 284 Neb. 899 (affirming passenger could be innocent third party where officer did not know of passenger’s crime during pursuit)
- Henery v. City of Omaha, 263 Neb. 700 (interpretation of "innocent third party" focuses on actions that relate to the flight of the driver)
- Jura v. City of Omaha, 15 Neb. App. 390 (passenger in stolen vehicle was a person sought to be apprehended because officer legitimately sought all occupants)