Estate of Jimma Pal Reat v. Rodriguez

Jimma Pal Reat was driving in Denver when he called 911 to report that several men had thrown a bottle and broken the rear windshield of the car he was driving. Operator Juan Rodriguez took the call. Reat told Rodriguez that though the attack occurred at Tenth Avenue and Sheridan in Denver, he and his passengers fled to safety in nearby Wheat Ridge. For reasons that were unclear, Rodriguez told Reat that because the attack took place in Denver, he needed to return to Denver to receive help from the police. Reat was shot and killed after driving back to Denver, into the path of his armed assailants. His estate sued the 911 operator, alleging civil rights claims pursuant to 42 U.S.C. 1983 and various state law claims. Rodriguez moved for summary judgment on all claims against him on the basis of qualified immunity. The district court granted summary judgment in his favor on all constitutional claims except for a Fourteenth Amendment substantive due process claim based on a theory of state-created danger. Under that claim, Reat’s Estate contended Rodriguez used his governmental authority to subject him to the callous shooting that caused Reat’s death. After review, the Tenth Circuit concluded the law was not clearly established such that a reasonable 911 operator would have known his conduct violated Reat’s constitutional rights. The court therefore reversed and remanded for entry of summary judgment in favor of Rodriguez. View "Estate of Jimma Pal Reat v. Rodriguez" on Justia Law