Case Details

CourtDistrict of Utah
Docket number1:94-cv-00004
Date case filed1994-01-14
Date case closed2001-04-09
Date of latest filing
Assigned toJudge Ted Stewart
Case cause42:1983 Civil Rights Act
Nature of suit440 Civil Rights: Other
Jury demandBoth
Demand
JurisdictionFederal Question

Case Parties

Party: Sherwin Seamons
Party type: Plaintiff
individually and as a natural parent of Brian Seamons, a minor.
TERMINATED: 03/28/2001
Attorney name: David S. Doty
Attorney Contact:
DEPT OF EDUCATIONAL LEADERSHIP & POLICIES
312 WARDLAW
UNIVERSITY OF SOUTH CAROLINA
COLUMBIA, SC 29208
(803)777-6732
TERMINATED: 03/28/2001 LEAD ATTORNEY

Attorney name: Jaryl L. Rencher
Attorney Contact:
STUCKI STEELE & RENCHER
PARKSIDE BLDG
215 S STATE ST STE 600
SALT LAKE CITY, UT 84111
(801)961-1300
Email: [email protected]
TERMINATED: 03/28/2001 LEAD ATTORNEY ATTORNEY TO BE NOTICED

Attorney name: Robert R. Wallace
Attorney Contact:
KIRTON MCCONKIE
PO BOX 45120
SALT LAKE CITY, UT 84145-0120
(801)328-3600
Email: [email protected]
TERMINATED: 03/28/2001 LEAD ATTORNEY ATTORNEY TO BE NOTICED

Attorney name: Lisa Watts Baskin
Attorney Contact:
819 E SPRINGWOOD DR
NORTH SALT LAKE, UT 84054
(801) 296-1676
TERMINATED: 03/28/2001 ATTORNEY TO BE NOTICED
Party: Jane Seamons
Party type: Plaintiff
individaully and as a natural parent of Brian Seamons, a mionor.
TERMINATED: 03/28/2001
Attorney name: David S. Doty
Attorney Contact:
(See above for address)
TERMINATED: 03/28/2001 LEAD ATTORNEY

Attorney name: Jaryl L. Rencher
Attorney Contact:
(See above for address)
TERMINATED: 03/28/2001 LEAD ATTORNEY ATTORNEY TO BE NOTICED

Attorney name: Robert R. Wallace
Attorney Contact:
(See above for address)
TERMINATED: 03/28/2001 LEAD ATTORNEY ATTORNEY TO BE NOTICED

Attorney name: Lisa Watts Baskin
Attorney Contact:
(See above for address)
TERMINATED: 03/28/2001 ATTORNEY TO BE NOTICED
Party: Brian Seamons
Party type: Plaintiff
Attorney name: Robert R. Wallace
Attorney Contact:
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Attorney name: Lisa Watts Baskin
Attorney Contact:
(See above for address)
ATTORNEY TO BE NOTICED
Party: Douglas Snow
Party type: Defendant
individually and in his capacity as the Coach at Sky View High School, and agent of Sky View High School and the Cache County School District.
Attorney name: Barbara H. Ochoa
Attorney Contact:
UTAH ATTORNEY GENERAL'S OFFICE
160 E 300 S 5TH FLOOR
PO BOX 140857
SALT LAKE CITY, UT 84114-0857
(801)366-0129
Email: [email protected]
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Attorney name: Dan R. Larsen
Attorney Contact:
DORSEY & WHITNEY (UT)
136 S MAIN ST STE 1000
SALT LAKE CITY, UT 84101-1685
(801)933-8957
Email: [email protected]
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Attorney name: Jan Graham
Attorney Contact:
AMBASSADOR PLAZA
150 S 600 E STE 5B
SALT LAKE CITY, UT 84102
(801) 596-9199
Email: [email protected]
TERMINATED: 03/13/2001 LEAD ATTORNEY
Party: Myron Benson
Party type: Defendant
individually, and as Principal of Sky View High School, and agent of Sky View High School and the Cache County School District.
Attorney name: Barbara H. Ochoa
Attorney Contact:
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Attorney name: Dan R. Larsen
Attorney Contact:
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Attorney name: Jan Graham
Attorney Contact:
(See above for address)
TERMINATED: 03/13/2001 LEAD ATTORNEY
Party: Lynn Nelson
Party type: Defendant
individually, and as a School Security Officer, and agent of Sky View High School and the Cache County School District.
TERMINATED: 03/22/1994
Attorney name: Gary O McKean
Attorney Contact:
DAVIS COUNTY ATTORNEY'S OFFICE
800 W STATE STREET
PO BOX 618
FARMINGTON, UT 84025
(801)451-4300
TERMINATED: 03/22/1994 LEAD ATTORNEY ATTORNEY TO BE NOTICED
Party: Sky View High School
Party type: Defendant
Attorney name: Barbara H. Ochoa
Attorney Contact:
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Attorney name: Dan R. Larsen
Attorney Contact:
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Attorney name: Jan Graham
Attorney Contact:
(See above for address)
TERMINATED: 03/13/2001 LEAD ATTORNEY
Party: The Cache County School District
Party type: Defendant
Attorney name: Barbara H. Ochoa
Attorney Contact:
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Attorney name: Dan R. Larsen
Attorney Contact:
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Attorney name: Jan Graham
Attorney Contact:
(See above for address)
TERMINATED: 03/13/2001 LEAD ATTORNEY

Case Docket

Docket
Item
Date FiledDocument
Available
Short
Description
Long Description
1022001-01-17 Amended Notice of Hearing filed : Final Pretrial Conference (second place setting) reset for 3:30 3/5/01 To be held before Judge TS cc:atty ( Ntc generated by: TS's chambers) (tsh) (Entered: 01/17/2001)
1032001-02-26 AMENDED Notice of Hearing filed : Final Pretrial Conference reset for 2:30 3/5/01 To be held before Judge TS cc:atty ( Ntc generated by: TS's crtrm dep) (tsh) (Entered: 02/26/2001)
1042001-02-26 AMENDED Notice of Hearing filed : 4-day Jury trial set for 8:30 3/19/01 To be held before Judge TS cc:atty ( Ntc generated by: TS's crtrm dep) (tsh) (Entered: 02/26/2001)
1052001-02-23 Trial order with instructions to counsel, Setting four Day Jury Trial for 8:30 3/19/01; Final pre-trial conference set for 2:30 3/5/01; In-Chambers Conference set for 8:00 3/19/01 Signed by Judge Ted Stewart 2/23/01 (tsh) (Entered: 02/27/2001)
1062001-03-05 Pretrial order filed setting 4-day Jury Trial for 8:30 3/19/01. See order in file for specifics. Signed by Judge Ted Stewart 3/5/01 cc: atty (tsh) (Entered: 03/06/2001)
1072001-03-05 Minute entry: The Court informs cnsl that there is a pending criminal trial scheduled for the week of 3/19/2001, and will have a status conference on that case on Wednesday at 1:00 3/7/2001. The Court will conduct a final pretrial conference today. This case is set for a 1st place setting on 9/04/2001. Pla's cnsl request the 1st place setting. Dfts are prepared to go ahead with trial on 3/19/2001. The Court will inform cnsl of the status of the criminal matter. Cnsl request 45 potential jurors, due to the media coverage of this matter. Cnsl will prepare an amended pretrial order and submit that to the Court. ; Judge: TS Court Reporter: Patti Walker Court Deputy: MJ McNamee (mjm) (Entered: 03/07/2001)
1082001-03-08 Return of service executed as to Danny Ward on 3/7/01 (tsh) (Entered: 03/09/2001)
1092001-03-08 Return of service executed as to Jim Roe on 3/8/01 (tsh) (Entered: 03/09/2001)
1102001-03-12 Trial brief by Cache Cnty Sch Dist, Sky View High Sch, Myron Benson, Douglas Snow (ce) (Entered: 03/13/2001)
1112001-03-12 Motion by Cache Cnty Sch Dist, Sky View High Sch, Myron Benson, Douglas Snow in limine to exclude several of pla's proposed witnesses - Larry N. Jensen, Dr. John Bailey, Carol Funk, Brent Parker, Kenneth Wade, Jenny Christiansen, Jolyn Lyon (ce) (Entered: 03/13/2001)
1122001-03-12 Memorandum by Cache Cnty Sch Dist, Sky View High Sch, Myron Benson, Douglas Snow in support of [111-1] motion in limine to exclude several of pla's proposed witnesses - Larry N. Jensen, Dr. John Bailey, Carol Funk, Brent Parker, Kenneth Wade, Jenny Christiansen, Jolyn Lyon (ce) (Entered: 03/13/2001)
1132001-03-12 Motion by Cache Cnty Sch Dist, Sky View High Sch, Myron Benson, Douglas Snow in limine to exclude certain evidence (ce) (Entered: 03/13/2001)
1142001-03-12 Memorandum by Cache Cnty Sch Dist, Sky View High Sch, Myron Benson, Douglas Snow in support of [113-1] motion in limine to exclude certain evidence (ce) (Entered: 03/13/2001)
1152001-03-12 Motion by Cache Cnty Sch Dist, Sky View High Sch, Myron Benson, Douglas Snow in limine to exclude several of pla's proposed exhibits - exh 2,3,5,6,8,9,11,12 (ce) (Entered: 03/13/2001)
1162001-03-12 Memorandum by Cache Cnty Sch Dist, Sky View High Sch, Myron Benson, Douglas Snow in support of [115-1] motion in limine to exclude several of pla's proposed exhibits - exh 2,3,5,6,8,9,11,12 (ce) (Entered: 03/13/2001)
1172001-03-12 Proposed Voir dire questions by Cache Cnty Sch Dist, Sky View High Sch, Myron Benson, Douglas Snow (ce) (Entered: 03/13/2001)
1182001-03-12 Certificate of service by Jane Seamons, Sherwin Seamons re: ans & responses to dfts first set interrog & req/prod doc to pla (ce) (Entered: 03/13/2001)
1192001-03-14 Notice of Hearing filed : Motion hearing set for 10:00 3/16/01 for [115-1] motion in limine to exclude several of pla's proposed exhibits - exh 2,3,5,6,8,9,11,12, set for 10:00 3/16/01 for [113-1] motion in limine to exclude certain evidence, set for 10:00 3/16/01 for [111-1] motion in limine to exclude several of pla's proposed witnesses - Larry N. Jensen, Dr. John Bailey, Carol Funk, Brent Parker, Kenneth Wade, Jenny Christiansen, Jolyn Lyon To be held before Judge TS cc:atty ( Ntc generated by: TS's chambers) (tsh) (Entered: 03/14/2001)
1202001-03-13 Proposed Jury Instructions by Jane Seamons, Sherwin Seamons (tsh) (Entered: 03/14/2001)
1212001-03-13 Proposed Voir dire questions by Jane Seamons, Sherwin Seamons (tsh) Modified on 03/14/2001 (Entered: 03/14/2001)
1222001-03-13 Proposed Jury Verdict by Jane Seamons, Sherwin Seamons (tsh) (Entered: 03/14/2001)
1232001-03-13 Certificate of service [121-1] voir dire jury, [120-1] instructions jury, [122-1] verdict jury by Jane Seamons, Sherwin Seamons (tsh) (Entered: 03/14/2001)
1242001-03-14 Joint Stipulated Jury instructions by Cache Cnty Sch Dist, Sky View High Sch, Myron Benson, Douglas Snow, Jane Seamons, Sherwin Seamons (tsh) (Entered: 03/15/2001)
1252001-03-15 AMENDED Pretrial order filed setting Jury Trial for 8:30 3/19/01. See order in file for specifics. Signed by Judge Ted Stewart 3/14/01 cc: atty (tsh) (Entered: 03/15/2001)
1262001-03-15 Objections by Cache Cnty Sch Dist, Sky View High Sch, Myron Benson, Douglas Snow to pla's [120-1] proposed instructions jury (tsh) (Entered: 03/16/2001)
1272001-03-16 Trial brief by Jane Seamons, Sherwin Seamons (tsh) (Entered: 03/19/2001)
1282001-03-22 MODIFIED Proposed Jury Instructions by Cache Cnty Sch Dist, Sky View High Sch, Myron Benson, Douglas Snow (tsh) (Entered: 03/22/2001)
1292001-03-19 Jury trial begins/Minute entry: Pretrial Conference held in the courtroom. 42 potential jurors seated and sworn. The Court conducts voir dire and 12 jurors are selected and sworn. Jurors are instructed to return tomorrow at 8:30 a.m.; Judge: TS Court Reporter: Patti Walker Court Deputy: MJ McNamee (mjm) (Entered: 03/27/2001)
1302001-03-23 Jury notes filed (mjm) (Entered: 03/27/2001)
1312001-03-28 Jury verdict for Brian Seamons. The jury finds Coach Snow violated pla's constitutional right by denying him a benefit of participation on an athletic team in violation of his right to free speech. The jury finds $250,000.00 is awarded to the pla for damages, signed 3/23/2001 at 4:00 a.m by the jury foreperson. (mjm) (Entered: 03/28/2001)
1322001-03-28 Order mooting [115-1] motion in limine to exclude several of pla's proposed exhibits - exh 2,3,5,6,8,9,11,12, mooting [113-1] motion in limine to exclude certain evidence, mooting [111-1] motion in limine to exclude several of pla's proposed witnesses - Larry N. Jensen, Dr. John Bailey, Carol Funk, Brent Parker, Kenneth Wade, Jenny Christiansen, Jolyn Lyon, (see order in file for details) signed by Judge Ted Stewart , 3/28/01 cc:atty (tsh) (Entered: 03/28/2001)
1332001-03-16 Minute entry: The Court hears argument on dfts' motion in limine to exclude several of pla's proposed witnesses - Larry N. Jensen, Dr. John Bailey, Carol Funk, Brent Parker, Kenneth Wade, Jenny Christiansen, Jolyn Lyon . Pla informs the Court he will not call the listed proposed witnesses, however may call the witnesses as rebuttal witnesses, the motion is now moot. Dfts mot in limine to exclude certain evidence was rendered moot, in part, by pla's agreement that he would not introduce evidence re: Coach Snow's involvement in an April Fools' prank on 4/1/1994; any claim that pla lost the oppty to obtain college scholarships to play football; or any claim related to obtaining counseling for emotional distress. The Court denies the dft's motion related to pla's claim for damages arising out of his decision to withdraw from Sky View High School and transfer to Emery County. Pla agrees that he would not seed damages for loss of Advanced Placement class credit; pla' agreed he would not make a claim for lost wages; and dfts are free to raise the motion again at trial if pla does not provide a sufficient causal link between the claimed constitutional deprivation and the damages claimed, the Court will entertain a motion to strike the testimony or request for a limiting instruction. Dft's motion related to evidence that the District failed to properly discipline the boys involved is denied. The Court hears dfts' motion in limine to exclude several of pla's proposed exhibits 2,3,5,6,8,9,11,12 . Pla agrees to withdraw exhibit 2, 5, 6, 8 and 12. The Court denies dfts' motion re: pla's proposed exh 3 and 9, which are various Cache County School District policies and procedures, on the condition that pla limit the exhibit to the disciplinary policy. The Court reserves its ruling on dfts' motion re: pla's proposed exh 11, the handwritten notes of pla and his father, until trial. Ms. Ochoa will prepare and submit an order. Judge: TS Court Reporter: Patti Walker Court Deputy: MJ McNamee (mjm) (Entered: 03/30/2001)
1342001-04-03 Notice of filing by Jane Seamons, Sherwin Seamons re: Withdraw of Counsel Jaryl L. Rencher. Counsel was terminated when parties;Sherwin and Jane Seamons were terminated on 3/28/01 per mandate, document number 42. (jmr) (Entered: 04/04/2001)
1352001-04-04 Order, for Jaryl L. Rencher to withdraw as attorney for plas (Terminated signed by Judge Ted Stewart , 04/04/01 cc:atty (tsh) (Entered: 04/06/2001)
1362001-04-09 Judgment for Brian Seamons against Douglas Snow in the amt of $250,000.00 signed by Mary Jane McNamee, 4/9/01 cc: atty [EOD Date 4/9/01] (tsh) (Entered: 04/09/2001)
1372001-04-06 Bill of costs in the amt of $14,716.64 from Brian Seamons against Cache Cnty Sch Dist, Douglas Snow (tsh) (Entered: 04/09/2001)
1382001-04-06 Affidavit of Robert R. Wallace (tsh) (Entered: 04/09/2001)
1392001-04-06 Motion by Brian Seamons for attorney fees (tsh) (Entered: 04/09/2001)
1402001-04-06 Certificate of service [139-1] motion for attorney fees by Brian Seamons (tsh) (Entered: 04/09/2001)
1412001-04-17 Affidavit of Lisa Watts Baskin (tsh) (Entered: 04/18/2001)
1422001-04-23 Objections by Cache Cnty Sch Dist, Sky View High Sch, Myron Benson, Douglas Snow to [137-1] bill of costs submitted by pla (tsh) (Entered: 04/24/2001)
1432001-04-23 Motion by Cache Cnty Sch Dist, Sky View High Sch, Myron Benson, Douglas Snow for new trial , or in the alternative for a remittitur (tsh) (Entered: 04/24/2001)
1442001-04-23 Memorandum by Cache Cnty Sch Dist, Sky View High Sch, Myron Benson, Douglas Snow in support of [143-1] motion for new trial, [143-2] motion for a remittitur (tsh) (Entered: 04/24/2001)
1452001-04-24 Memorandum by Cache Cnty Sch Dist, Sky View High Sch, Myron Benson, Douglas Snow in opposition to [139-1] motion for attorney fees (tsh) (Entered: 04/25/2001)
1462001-05-07 Memorandum by Brian Seamons in opposition to [143-1] motion for new trial, [143-2] motion for a remittitur (tsh) (Entered: 05/08/2001)
1472001-05-07 Certificate of service [146-1] opposition memorandum by Brian Seamons (tsh) (Entered: 05/08/2001)
1482001-05-08 Motion by Brian Seamons for leave to file overlength memorandum in response to dfts' Motion for New Trial or in the alternative Motion for Remititur (tsh) (Entered: 05/09/2001)
1492001-05-08 Memorandum by Brian Seamons in support of [148-1] motion for leave to file overlength memorandum in response to dfts' Motion for New Trial or in the alternative Motion for Remititur (tsh) (Entered: 05/09/2001)
1502001-05-08 Certificate of service [148-1] motion for leave to file overlength memorandum in response to dfts' Motion for New Trial or in the alternative Motion for Remititur, [149-1] support memorandum by Brian Seamons (tsh) (Entered: 05/09/2001)
1512001-05-10 Reply by Brian Seamons to response to [139-1] motion for attorney fees (ce) (Entered: 05/11/2001)
1522001-05-10 Affidavit of Robert R. Wallace Re: [151-1] response reply of pla Brian Seamons re:motion for atty fees (ce) (Entered: 05/11/2001)
1532001-05-10 Exhibits filed by plaintiff Brian Seamons supporting [137-1] bill of costs (ce) (Entered: 05/11/2001)
1542001-05-10 Affidavit of Robert R. Wallace supporting [137-1] bill of costs filed by pla Brian Seamons (ce) (Entered: 05/11/2001)
1552001-05-10 Certificate of service re: [153-1] reply to dft's objections to pla's bill of costs; [153-1] exhibits supporting pla's bill of costs, [154-1] affidavit of Robert R. Wallace, Esq. by Brian Seamons (ce) (Entered: 05/11/2001)
1562001-05-10 Certificate of service by Brian Seamons re: Motion for atty fees (ksp) (Entered: 05/11/2001)
1572001-05-11 Order granting [148-1] motion for leave to file overlength memorandum in response to dfts' Motion for New Trial or in the alternative Motion for Remititur signed by Judge Ted Stewart , 05/08/01 cc:atty (tsh) (Entered: 05/14/2001)
1582001-05-11 Affidavit of Robert R. Wallace in support of attorney's fee rates (tsh) (Entered: 05/14/2001)
1592001-05-21 Motion by Cache Cnty Sch Dist, Sky View High Sch, Myron Benson, Douglas Snow for leave to file overlength reply memo in support of dfts' Mot for New Trial or in the alternative for Remittitur (tsh) (Entered: 05/22/2001)
1602001-05-21 Memorandum by Cache Cnty Sch Dist, Sky View High Sch, Myron Benson, Douglas Snow in support of [159-1] motion for leave to file overlength reply memo in support of dfts' Mot for New Trial or in the alternative for Remittitur (tsh) (Entered: 05/22/2001)
1612001-05-22 Order granting [159-1] motion for leave to file overlength reply memo in support of dfts' Mot for New Trial or in the alternative for Remittitur signed by Judge Ted Stewart , 05/22/01 cc:atty (tsh) (Entered: 05/23/2001)
1622001-05-21 Reply by Cache Cnty Sch Dist, Sky View High Sch, Myron Benson, Douglas Snow to response to [143-1] motion for new trial, [143-2] motion for a remittitur (tsh) (Entered: 05/23/2001)
1632001-05-31 Objections by Brian Seamons [144-1] support memorandum re: Motion for New Trial (tsh) (Entered: 06/01/2001)
1642001-05-31 Certificate of service [163-1] objection by Brian Seamons (tsh) (Entered: 06/01/2001)
1652001-08-24 Stipulation by Cache Cnty Sch Dist, Sky View High Sch, Myron Benson, Douglas Snow, Brian Seamons stipulation for entry of judgment , for payment/satisfaction of judgment and case closure (asp) (Entered: 08/28/2001)
1662001-08-28 Satisfaction of judgment filed by dfts signed by Judge TS 8/27/01 (tsh) (Entered: 08/29/2001)