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Mortensen lawsuit

Mortensen lawsuit

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Published by Ben Winslow
A lawsuit filed by Roger and Pam Mortensen against the Utah County Sheriff's Office over being indicted by a grand jury in Kay Mortensen's murder.
A lawsuit filed by Roger and Pam Mortensen against the Utah County Sheriff's Office over being indicted by a grand jury in Kay Mortensen's murder.

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Published by: Ben Winslow on Oct 17, 2011
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10/17/2011

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ROBERT B. SYKES (#3180)bob@sykesinjurylaw.com  ALYSON E. CARTER (#9886)alyson@sykesinjurylaw.com
ROBERT B. SYKES & ASSOCIATES, P.C.
311 South State Street, Suite 240Salt Lake City, Utah 84111Telephone (801) 533-0222Facsimile (801) 533-8081
 Attorneys for Plaintiffs
UNITED STATES DISTRICT COURT FOR THE DISTRICT OF UTAHCENTRAL DIVISION
ROGER KAY MORTENSEN, andPAM MORTENSEN,Plaintiffs, vs.DET. JOSH CHAPPELL; SGT.MATT HIGLEY; DET. ERIK KNUTZEN; LT. MIKE BROWER,THE UTAH COUNTY SHERIFFSOFFICE; TIM TAYLOR and JOHNNIELSEN, Prosecutors, UtahCounty Attorney’s Office; andJOHN AND JANE DOES 1-20,Defendants.)))))))))))))))))))
COMPLAINTandJURY DEMAND
Civil No. _______________Judge ___________________
Case 2:11-cv-00964-DAK Document 2 Filed 10/17/11 Page 1 of 46
 
Plaintiffs Roger Kay Mortensen (“Roger”) and Pam Mortensen(“Pam”), pursuant to Rule 8(a), Fed.R.Civ.P., complain and allege for causes of action against Defendants as follows:
PRELIMINARY STATEMENT
This is a civil rights action in which the Plaintiffs seek relief for theDefendants’ violations of their rights guaranteed by the United StatesConstitution, specifically the Fourth and Fourteenth Amendments, which rightsare further secured by the Civil Rights Act of 1871, 42 U.S.C. § 1983 and § 1988.Plaintiffs seek damages, both compensatory and punitive; affirmative andequitable relief; an award of attorney’s fees, costs, and interest; and other andfurther relief as this Court deems just and equitable. This is further an action atlaw to redress a deprivation under color of statute, ordinance, regulation, custom,or usage of a right, privilege, and immunity secured to the Plaintiffs by the Fourthand Fourteenth Amendments of the Constitution of the United States, and arisesunder the law, statutes, and Constitution of the State of Utah.
-2-
Case 2:11-cv-00964-DAK Document 2 Filed 10/17/11 Page 2 of 46
 
JURISDICTION AND VENUE1.
This action arises under the United States Constitution andfederal law, particularly under the provisions of the Fourth and Fourteenth Amendments of the Constitution of the United States, and 42 U.S.C. §§ 1983and 1988.
2.
This action seeks redress for violations of the civil rights lawsof the United States, and jurisdiction is therefore invoked pursuant to 28 U.S.C.§ 1343 and 42 U.S.C. § 1983.
3.
The claims made in this Complaint occurred and arose in theState of Utah, in this District, and in the Central Division. Venue is thereforeproper under 28 U.S.C. § 1391 and 28 U.S.C. § 1331.
4.
Plaintiffs are seeking damages under federal law pursuant to theclaims for relief specified below, in amounts to be proved at trial.
5.
This Court has authority to award costs and attorney feespursuant to 42 U.S.C. § 1988.
6.
This Court also has jurisdiction over any pendent State claimsPlaintiffs may wish to bring, or have brought, pursuant to 28 U.S.C. § 1367.
-3-
Case 2:11-cv-00964-DAK Document 2 Filed 10/17/11 Page 3 of 46

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