Tammy Fisher v. Brian Koopman and Luke Hecker
Case No. 1:15-CV-00166
Ms. Fisher filed a 42 U.S.C. § 1983 action against Detective Koopman and former Chief of Police Luke Hecker, alleging malicious prosecution and failure to train and supervise in violation of her due process rights under the Fourteenth Amendment. The district court granted summary judgment in favor of defendants. The 10th Circuit Court of Appeals affirmed the district court decisions dismissing the case. The underlying facts as summarized by the court of appeals: Ms. Fisher was unhappy with a police investigation into her actions. In 2013, Detective Koopman requested a search warrant for the Romaneks’ home, and the police department found the hard drive of the computer had recently been erased. Ms. Romanek informed the Detective she was friends with Ms. Fisher. The criminal inquiry was expanded to encompass Ms. Fisher and whether she had possibly tipped off the Romaneks of the child pornography investigation. Ms. Fisher sought to amend her original complaint to include a Fourth Amendment malicious prosecution claim, and the district court denied the motion to amend. This denial was upheld by the appellate court. Following extensive discovery, the defendants moved for summary judgment challenging the claims on the merits and asserting qualified immunity. Because the court found Ms. Fisher could not allege a Fourth Amendment violation, her federal malicious prosecution claims had no constitutional violation to sustain them. Since there was no finding of a constitutional violation, the official capacity claims failed, as well as the failure to train and supervise. Additionally, the state law claims were dismissed. The 10th Circuit affirmed the district court’s order and found that the district court correctly explained why all of the state claims failed. On May 23, 3017, the 10th Circuit Court of Appeals entered its order affirming the dismissal of the case.
Last updated: May 23, 2017