F I L E D

United States Court of Appeals

Tenth Circuit

APR 30 1997

PATRICK FISHER

Clerk

UNITED STATES COURT OF APPEALS

FOR THE TENTH CIRCUIT

ERIC LEVANTER DEMILLARD,

Plaintiff-Appellant,

v.

STATE OF UTAH; CITY OF SALT

LAKE CITY, UTAH; SALT LAKE

COUNTY; VALLEY MENTAL

HEALTH; WEST JORDAN, UTAH

POLICE DEPARTMENT; CITY OF

WEST JORDAN; UTAH PUBLIC

EMPLOYEES ASSOCIATION; KIM

BEGLARIAN, Officer, University of

Utah Police Department; KAREN

BESENHOFER, 1st year practicum

director, Graduate School of Social

Work, University of Utah; JUDY

BRADY, Instructor/Faculty Member,

Graduate School of Social Work,

University of Utah; CRAIG BROWN,

Senior Director of Adult Services,

Valley Mental Health Administration;

NANCY COHN, Psychologist;

GREGG CURTIS, Assistant West

Jordan City Attorney; DAVID

DANGERFIELD, Executive Director

Valley Mental Health Administration;

KAY L. DEA, Dean, Graduate School

of Social Work, University of Utah;

CATHIE DELEWSKI,

Instructor/Faculty Member, Graduate

School of Social Work, University of

Utah; RICHARD ELBING, L.C.S.W.;

STEPHANIE HARPST,

Instructor/Faculty Member, 

No. 96-4145

(D.C. No. 94-CV-949)

(D. Utah)
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Graduate School of Social Work,

University of Utah; STEVEN

HOMER, West Jordan City Attorney;

BONNIE LANTZ, Practicum Director,

Graduate School of Social Work,

University of Utah; JAN GRAHAM,

Attorney General; RANDY LINNELL,

L.C.S.W.; ALAN MENDELSOHN,

Psychologist; DOUG MOTTONEN,

Unit Director, East Valley Office of

Valley Mental Health and also Mental

Health Care of Utah; ERIC NIELSEN,

D.S.W.; PHILIP K. PALMER, Third

Circuit Court Judge; ROBIN W.

REESE, Third Circuit Court Judge;

JIM RICCIARDI, Psychologist;

WAYNE SHEPHERD, Chief of

Police, University of Utah Police

Department; BEN LEMMON, Officer;

ARTHUR SMITH, President,

University of Utah; LARRY SMITH,

Instructor/Faculty Member and

Admission Director, Graduate School

of Social Work, University of Utah;

DANIEL WATERS, Captain,

University of Utah Police Department;

O. LANE MCCOTTER, Executive

Director, Utah State Department of

Corrections; BEATRICE AVERY,

L.C.S.W.; SCOTT CARVER, Prison

Administrator, Utah State Prison; JAY

LESLIE, Prison Administrator, Utah

State Prison; BERYL BECKNER,

L.C.S.W.; WESTON WHATCOTT,

L.C.S.W.; CHERYL LUKE, Salt Lake

City Prosecutor; JANICE FROST,

Assistant Salt Lake City Prosecutor;

MARSHA ATKIN, Assistant Salt Lake

City Prosecutor; TODD GODFREY,

Assistant Salt Lake City Prosecutor;
* This order and judgment is not binding precedent, except under the

doctrines of law of the case, res judicata, and collateral estoppel. The court

generally disfavors the citation of orders and judgments; nevertheless, an order

and judgment may be cited under the terms and conditions of 10th Cir. R. 36.3. 

** Honorable Michael Burrage, Chief Judge, United States District Court for

the Eastern District of Oklahoma, sitting by designation.

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RALPH ADAMS, Assistant Attorney

General; ROSS LARSEN,

Investigator; KAYE COLEMAN,

Director, Office of Equal Opportunity

and Affirmative Action; DENNIS

HUNTER, Counselor, Salt Lake

County Pre-Trial Services; LON

HINDE, Counselor, Salt Lake County

Pre-Trial Services; MAUNA GIBSON,

Counselor, Salt Lake County Pre-Trial

Services; R. SPENCER ROBINSON,

Administrative Law Judge; LOU ANN

JORGENSEN, Assistant Dean,

Graduate School of Social Work,

University of Utah; DEPARTMENT

OF PROTECTIVE SERVICES AND

EXECUTIVE PROTECTION; IVAN

ORR, Executive Director, Peace

Officer Standards and Training; FRED

BAIRD, Certification Supervisor,

Peace Officer Standards and Training,

Defendants-Appellees.

ORDER AND JUDGMENT*

Before PORFILIO and LOGAN, Circuit Judges, and BURRAGE, District Judge.**
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After examining the briefs and appellate record, this panel has determined

unanimously that oral argument would not materially assist the determination of

this appeal. See Fed. R. App. P. 34(a); 10th Cir. R. 34.1.9. The case is therefore

ordered submitted without oral argument.

Plaintiff Eric Levanter DeMillard brought this action pro se seeking

damages for alleged violations of his rights under the Americans with Disabilities

Act of 1990 and other federal civil rights laws. The matter was referred to a

magistrate judge who concluded that the complaint contained only vague,

conclusory allegations lacking sufficient factual details to support plaintiff’s

claims. The magistrate judge ordered plaintiff to file an amended complaint,

provided instructions for filing a factually adequate complaint, and informed

plaintiff that not filing an adequate amended complaint could result in dismissal

with prejudice. Plaintiff filed an amended complaint. On motions from

defendants to dismiss for various reasons including failure to state a claim, the

district court concluded that plaintiff had not followed the magistrate judge’s

instructions and had not filed a complaint with sufficient factual allegations to

state any claims against any defendants. The court therefore dismissed the

complaint with prejudice pursuant to Fed. R. Civ. P. 12(b)(6). Plaintiff appeals. 

We review the district court’s dismissal for failure to state a claim de novo, 

see Kidd v. Taos Ski Valley, Inc. 88 F.3d 848, 854 (10th Cir. 1996), and construe

plaintiff’s pleadings liberally, see Hall v. Bellmon, 935 F.2d 1106, 1110 (10th
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Cir. 1991). We have considered plaintiff’s arguments and reviewed the record,

and we agree with the district court’s conclusion that plaintiff failed to allege

sufficient facts to state claims against defendants. We therefore affirm the

district court’s dismissal of this case for substantially the same reasons as stated

in the district court’s August 8, 1996 order.

The judgment of the United States District Court for the District of Utah is

AFFIRMED. The mandate shall issue forthwith. 

Entered for the Court

Michael Burrage

Chief District Judge