Jones v. Norton, 809 F.3d 564

Todd Murray, an Ute Tribe member, died from a gunshot after a police pursuit in 2007 on the Ute Reservation; plaintiffs sue Murray’s parents and estate in 13 counts under 42 U.S.C. § 1983, § 1985, and state torts against nine officers, their employers, and Blackburn mortuary.
The district court granted summary judgment to Blackburn on intentional infliction of emotional distress and to other defendants on federal claims; dismissed state lands issue and spoliation sanctions; declined supplemental jurisdiction over remaining state torts; taxed costs against plaintiffs.
At scene: Murray, pursued by Trooper Swenson; Norton (Vernal PD), Young (HP), and Byron (Uintah County Sheriff) join the search; Murray is shot and dies; plaintiffs contest that Norton shot Murray and that officers tampered with evidence.
FBI later investigated; evidence handling included gun and shell casings; some evidence was destroyed; some officers’ actions (e.g., blood draws, handling of body) were disputed as potentially contaminating evidence.
Medical examiner concluded Murray’s death was suicide from a close-range gunshot; plaintiffs allege alternative interpretations and improper autopsy decisions; district court resolved most federal claims in favor of defendants.
On appeal, court affirms district court on federal claims, affirms denial of sanctions against the City of Vernal, and dismisses appeal on taxation of costs for lack of jurisdiction.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether there was a Fourth Amendment seizure.	Murray was seized by officers before the shot.	There was no seizure since Murray did not submit to authority.	No seizure occurred; no liability for 1983 claims.
Whether excessive force or failure to intervene claims survive without a seizure.	Officers used or failed to prevent excessive force.	No underlying seizure; no excessive force liability or failure-to-intervene liability.	Affirmed summary judgment for lack of underlying seizure and constitutional violation.
Whether the Ute Treaty Bad Men Clause creates a § 1983 remedy against individuals or municipalities.	Treaty rights can be enforced via § 1983 against state actors.	Treaty rights arise only against the United States, not private actors.	Ute Treaty does not provide a § 1983 remedy; treaty rights enforced against US, not individuals.
Whether the § 1985 conspiracy claims survive.	Defendants conspired with racial animus to deprive rights.	No evidence of race-based animus or concerted action.	Affirmed summary judgment for defendants; no genuine dispute on animus or conspiracy.
Whether spoliation sanctions or taxation of costs are appealable and appropriate.	Sanctions should be imposed for spoliation; challenge costs.	No sanctions warranted; taxation of costs properly decided; magistrate order not appealable.	Sanctions and costs affirmed; appellate jurisdiction limited; costs issue dismissed for lack of jurisdiction.

California v. Hodari D., 499 U.S. 621 (Supreme Court 1991) (police commands before submission do not constitute seizure)
Scott v. Harris, 550 U.S. 372 (Supreme Court 2007) (video record may resolve factual disputes on summary judgment)
Brooks v. Gaenzle, 614 F.3d 1213 (10th Cir. 2010) (underlying seizure must be shown for failure-to-intervene claims)
Michigan v. Chesternut, 486 U.S. 567 (Supreme Court 1988) (seizure involves control over movement and freedom to leave)
Gonzaga Univ. v. Doe, 536 U.S. 273 (Supreme Court 2002) ( § 1983 protects rights conferred by federal law, not all federal-law claims)
Griffin v. Breckenridge, 403 U.S. 88 (Supreme Court 1971) (requirements for conspiracy claims include invidious class-based animus)
Pueblo Neighborhood Health Ctrs., Inc. v. Losavio, 847 F.2d 642 (10th Cir. 1988) (focus on government actor's intent in conspiracy analysis)
Hoopa Valley Tribe v. Nevins, 881 F.2d 657 (9th Cir. 1989) (treaty-based remedies and absence of § 1983 remedy considerations)
Middlesex Cty. Sewerage Auth. v. Nat’l Sea Clammers Ass’n, 453 U.S. 1 (Supreme Court 1981) (statutory schemes may foreclose remedies under § 1983 where comprehensive)
Wright v. City of Roanoke Redevelopment & Hous. Auth., 479 U.S. 418 (Supreme Court 1987) (private actions when statute/regulations provide an enforcement mechanism)