News: Dave Richards & Sarah Spencer win 10th Circuit Appeal
// Nov 1, 2017
Attorneys at C&J are again involved in appellate cases highlighted in the Utah Bar Journal. Sarah Spencer and Dave Richards represented the defendants in the Tenth Circuit appeal in Pyle v. Woods, 874 F.3d 1257 (10th Cir. Nov. 1, 2017). The 10th Circuit sided with our client in a civil rights case based on the warrantless search of Utah’s prescription drug database in the course of a theft investigation. The case involved a Cottonwood Heights detective, investigating the theft of opiods from Unified Fire Authority ambulances, accessed the database to develop suspect leads of those who might have had opiod dependencies.
Two suspects leads resulted but neither was ever prosecuted for the theft. Both plaintiffs brought suit for alleged violations of their civil rights under the First, Fourth, Fifth, and Fourteenth Amendments to the United States Constitution as well as a claim under the Fair Credit Reporting Act. The appellate court affirmed the district court’s dismissal of the Constitutional claims on the basis of qualified immunity and agreed that the defendants’ actions fit within exemptions to the Fair Credit Reporting Act. At the time of the investigation, a warrant was not necessarily required to access the database. Christensen & Jensen attorneys are frequently at the forefront of reported case law and have expertise in appellate practice.