FILED United States Court of Appeals UNITED STATES COURT OF APPEALS Tenth Circuit
FOR THE TENTH CIRCUIT August 31, 2017 _________________________________ Elisabeth A. Shumaker Clerk of Court DAVID WEBB,
Plaintiff - Appellant,
v. No. 16-4199 STATE OF UTAH; ALPINE CITY; (D.C. No. 1:16-CV-00017-JNP) AMERICAN FORK CITY; BLUFFDALE (D. Utah) CITY; BOUNTIFUL CITY; BRIGHAM CITY; CEDAR CITY; CEDAR HILLS CITY; CENTERVILLE CITY; CLEARFIELD CITY; CLINTON CITY; COTTONWOOD HEIGHTS CITY; DRAPER CITY; EAGLE MOUNTAIN CITY; ENOCH CITY; EPHRAIM CITY; FARMINGTON CITY; FARR WEST CITY; GRANTSVILLE CITY; HARRISVILLE CITY; HEBER CITY; HERRIMAN CITY; HIGHLAND CITY; HOLLADAY CITY; HOOPER CITY; HURRICANE CITY; HYRUM CITY; IVINS CITY; KAYSVILLE CITY; LAYTON CITY; LEHI CITY; LOGAN CITY; OGDEN CITY; OREM CITY; PARK CITY; PAYSON CITY; PLAIN CITY; PLEASANT GROVE CITY; PLEASANT VIEW CITY; PRICE CITY; PROVIDENCE CITY; PROVO CITY; RICHFIELD CITY; RIVERDALE CITY; RIVERTON CITY; ROOSEVELT CITY; ROY CITY; ST. GEORGE CITY; SALT LAKE CITY; SANDY CITY; SANTA CLARA CITY; SANTAQUIN CITY; SARATOGA SPRINGS CITY; MIDVALE CITY; MOAB CITY; MURRAY CITY; NEPHI CITY; NIBLEY CITY; NORTH LOGAN CITY; NORTH OGDEN CITY; NORTH SALT LAKE CITY; SMITHFIELD CITY; SOUTH JORDAN CITY; SOUTH OGDEN CITY; SOUTH SALT LAKE CITY; SOUTH WEBER CITY; SPANISH FORK CITY; SPRINGVILLE CITY; SUNSET CITY; SYRACUSE CITY; CITY OF TAYLORSVILLE; CITY OF TOOELE; TREMONTON CITY; VERNAL CITY; WASHINGTON TERRACE CITY; WEST BOUNTIFUL CITY; WEST HAVEN CITY; WEST JORDAN CITY; WEST POINT CITY; WEST VALLEY CITY; WOODS CROSS CITY,
Defendants - Appellees.
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DAVID WEBB,
Plaintiff - Appellant,
v. No. 16-4201 HEATHER S. WHITE, Attorney, Snow (D.C. No. 2:15-CV-00512-DN) Christensen & Martineau; FRANK (D. Utah) MYLAR, Attorney, Mylar Law PC; SNOW CHRISTENSEN & MARTINEAU; MYLAR LAW; R. BLAKE HAMILTON; ASHLEY M. GREGSON; DURHAM JONES & PINEGAR,
Defendants - Appellees. _________________________________
ORDER AND JUDGMENT*
* After examining the briefs and appellate record, this panel has determined unanimously that oral argument would not materially assist in the determination of these appeals. See Fed. R. App. P. 34(a)(2); 10th Cir. R. 34.1(G). The cases are therefore ordered submitted without oral argument. This order and judgment is not binding precedent, except under the doctrines of law of the case, res judicata, and collateral estoppel. It may be cited,
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Before HARTZ, O'BRIEN, and PHILLIPS, Circuit Judges. _________________________________
Upset at the dismissal of some claims in his wrongful-arrest suit, Plaintiff David
Webb filed two suits against those he deemed responsible for the dismissals. The United
States District Court for the District of Utah dismissed these two follow-on suits for lack
of jurisdiction and Plaintiff appeals. Exercising jurisdiction under 28 U.S.C. § 1291, we
agree with the dismissals but remand with instructions to dismiss the two suits without
prejudice.
I. Background1
The genesis of this dispute was an allegedly wrongful arrest of Plaintiff on July
20, 2011. He sued the Weber County Government and numerous other government
officials and police officers on several federal-law and state-law claims. The court
dismissed some defendants on various grounds, including immunity and qualified
immunity, in March 2015.
Four months later, in July 2015, Plaintiff sued the