Perez v. South Jordan City
320 P.3d 42
Utah Ct. App.2014Background
- Officer Perez engaged in a high-speed chase in May 2009, speeding without lights or siren in a 35 mph zone.
- Perez followed a fleeing vehicle through multiple streets and intersections, ultimately stopping to pursue during the chase.
- Perez failed to activate lights or siren while paralleling Nichols and pursuing the suspect on 2700 West.
- During the pursuit, Perez passed through an intersection on a red light without audible signal; another vehicle slowed to avoid collision.
- Chief Shepherd terminated Perez, citing chronic discipline and the May 28, 2009 conduct as well as prior disciplinary history (April 2008 suspension, July 2008 demotion, May 2009 admonition).
- The Pursuit Review Committee recommended lights/siren/camera usage and noted policy expectations; the Appeal Board affirmed termination, and Perez sought judicial review.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Did Perez engage in a vehicular pursuit on 2700 West? | Perez contends he was paralleling, not pursuing, and thus not within pursuit policy. | Board held Perez was actively pursuing to apprehend the fleeing suspect per policy and training. | Yes; Board did not abuse discretion; Perez engaged in a pursuit. |
| Was the termination proportional and consistent with past discipline? | Perez argues punishment is disproportionate and inconsistent with similarly situated officers. | City argues termination reflects cumulative misconduct and disciplinary history. | Termination was not abuse of discretion; not shown to be inconsistent with prior sanctions. |
Key Cases Cited
- Phillips v. South Jordan City, 307 P.3d 659 (2013 UT App 183) (discipline justification and consistency in similar cases)
- Kelly v. Salt Lake City Civil Serv. Comm'n, 8 P.3d 1048 (2000 UT App 235) (prima facie showing required for inconsistent discipline)
- Harmon v. Ogden City, 116 P.3d 973 (2005 UT App 274) (deference to chief's punishment decisions in disciplinary actions)
- Lucas v. Murray City Civil Serv. Comm'n, 949 P.2d 746 (1997 UT App ) (deference and consideration of discipline history)
- Nelson v. City of Orem, 309 P.3d 237 (2013 UT 53) (two-pronged proportionality/consistency inquiry guiding abuse-of-discretion review)