Opinions and documents
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF UTAH
GENEVIEVE OLSON,
MEMORANDUM DECISION
Plaintiff, AND ORDER
vs. Case No. 2:25-CV-793-DAK-JCB
LANI WILCONX, and PARK CITY Judge Dale A. Kimball
SCHOOL DISTRICT,
Magistrate Judge Jared C. Bennett
Defendants.
This matter is before the court on Defendant Lani Wilcox’s Partial Motion to Dismiss
[ECF No 11] and Defendant Park City School District’s (“PCSD”) Motion to Dismiss [ECF No.
16]. On July 23, 2026, the court held a hearing on the motions. At the hearing, Plaintiff Genevieve
Olson was represented by Nathan A. Duncan, Defendant Lani Wilcox was represented by Adam
D. Wentz and Justin Anderson, and Defendant PCSD was represented by Joan M. Andrews and
Vanessa Walsh. The court took the motions under advisement. After carefully considering the
memoranda filed by the parties and the law and facts pertaining to the motions, the court issues the
following Memorandum Decision and Order.
BACKGROUND
On August 29, 2022, Plaintiff Genevieve Olson was a student at Park City High School and
a member of the girls’ tennis team. Defendant Lani Wilcox was the tennis team’s coach. Sometime
after Olson arrived at practice that day, Wilcox informed her that she would be playing singles on
the junior varsity team instead of on a doubles varsity team. Olson became upset, went to the
restroom, and called her mother. Nobody on the team came to check on her. When Olson returned
to practice, Wilcox allegedly berated her and threatened to kick her off the team. Olson slapped
Wilcox, and Wilcox restrained Olson around the neck, restricting Olson’s ability to breath and
causing her physical pain, bruising and emotional trauma. When Olson escaped and indicated that
she would call the police, Wilcox took Olson’s telephone and walked away with it.
As a result of the incident, Olson alleges that in addition to the physical injuries, she
suffered psychological injuries, including post-traumatic stress disorder, anxiety, depression, and
emotional distress. Olson claims that she was ostracized at school, prevented from participating in
tennis at school, and lived in fear of retribution from teachers, coaches, school administrators, and
members of the public.
Olson brought the present lawsuit against Wilcox and Park City School District, alleging
eight causes of action. Olson brings claims against Wilcox for assault, battery, negligence,
intentional infliction of emotional distress, negligent infliction of emotion distress, and civil rights
violations under 42 U.S.C. § 1983 for depriving her of rights secured by the First, Fourth, Fifth,
Sixth, Eighth, Ninth, and Fourteenth Amendments. Olson also brings a claim against Park City
School District for violation of her civil rights under § 1983.
Olson alleges that PCSD also failed to promulgate adequate policies, practices, and
procedures to prevent the incident between Wilcox and Olson. Olson claims that PCSD’s practices
with respect to ignoring or downplaying misconduct by coaches, teachers, and other employees
and agents were so common and well-settled as to constitute a custom or official policy of PCSD.
Despite Wilcox’s conduct, Olson alleges that Park City School District did not discipline Wilcox
or remove her as the girls’ tennis coach. Olson alleges, on information and belief, that Wilcox had
a history of altercations with students and parents, which was known or should have been known
to Park City School District prior to and during Wilcox’s employment with PCSD. Alternatively,
Olson alleges that Park City High School and PCSD failed to conduct an adequate investigation
before hiring her and improperly retained her as an employee after learning of her history of
altercations. Olson further alleges that Park City High School and PCSD ignored red flags about
Wilcox’s behavior and failed to provide adequate oversight of Wilcox.
PCSD contends that the court can take judicial notice of the criminal case against Wilcox in
Utah state court. After the incident, Wilcox was charged with aggravated child abuse, a third
degree felony, and interrupting the use of a communication device, a class B misdemeanor. Wilcox
moved for a pretrial justification hearing to assert claims of self defense and defense of others. The
state court held an evidentiary hearing and found that Wilcox made a prima facie case of defense
of others. Because the State of Utah did not disprove her defense, the district court dismissed the
charges against Wilcox.
The State appealed the district court’s decision. On appeal, both parties agreed that Wilcox
had made a prima facie defense of others claim and genuinely believed that Olson posed an
imminent threat to others. But the Utah Supreme Court determined that Wilcox’s belief was not
objectively reasonable and, therefore, reversed the dismissal of charges and remanded for further
proceedings. State v. Wilcox, 2025 UT 31. The factual background in the Utah Supreme Court’s
decision is far more expansive than the facts in Olson’s Complaint in this case. The Utah Supreme
Court stated that its factual background was based on the evidence presented at the district court’s
evidentiary hearing and the district court’s findings about that evidence. But the court noted that
the evidence could come in differently in a future trial. Id. ¶ 3 n.3.
DISCUSSION
Defendant Wilcox’s Partial Motion to Dismiss
Wilcox moves the court to dismiss Olson’s causes of action for negligence, negligent
infliction of emotional distress, and violation of her civil rights under 42 U.S.C. § 1983.
1. Negligence-based Claims
Wilcox argues that under the Utah Governmental Immunity Act (“UGIA”), she is immune
from Olson’s negligence and negligent infliction of emotional distress claims because Olson’s
alleged injuries arise out of, are in connection with, or resulted from a purported assault and
battery. In Mariani v. Utah Dept. of Public Safety, 2024 UT 44, ¶ 24, 562 P.3d 697, the Utah
Supreme Court used a three-part test for determining whether a governmental entity and its
employees are immune from suit under the UGIA. First, the court must determine whether the
activity undertaken by the governmental actor is a “government function” and is thus immunized
from suit by the UGIA’s general grant of immunity. Id. Second, if the activity is a governmental
function, the court must determine if “some other section of the [UGIA] waived the blanket
immunity.” Id. Finally, if the blanket immunity has been waived,” the court must determine
whether the UGIA contains “an exception to that waiver,” resulting “in a retention of immunity
against the particular claim asserted.” Id. ¶ 18.
Wilcox argues the first prong is satisfied because she was performing a governmental
function as a teacher and tennis coach at a public high school. The UGIA broadly defines
“government function” as “each activity, undertaking, or operation of a governmental entity,”
including those “performed by a department, agency, employee, agent, or officer of a
governmental entity.” Utah Code Ann. § 63G-7-102. Utah courts have deemed “the operation of a
public school [to be] a governmental function.” Ledfors v. Emery Cnty. Sch. Dist., 849 P.2d 1162,
1165 (Utah 1993), holding modified by Mariani, 2024 UT 44.
Olson does not contest that operating a public school and fielding a tennis team are
governmental functions. She disputes, however, whether Wilcox’s conduct was committed within
the scope of her employment. An employee’s acts fall within the course and scope of employment
if (1) the employee’s “conduct is of the general kind” the employee “is employed to perform” and
(2) the employee’s “acts were motivated, at least in part, by the purpose of serving the employer’s
interest.” M.J. v. Wisan, 2016 UT 13, ¶¶ 54-55, 371 P.3d 21; Birkner v. Salt Lake Cnty., 771 P.2d
1053, 1057 (Utah 1989). “[A]cts falling within the scope of employment are those acts which are
so closely connected with what the [employee] is employed to do, and so fairly and reasonably
incidental to it, that they may be regarded as methods, even though quite improper ones, of
carrying out the objectives of employment.” Christensen v. Swenson, 874 P.2d 125, 127 (Utah
1994). This is the case “even if the employee was misguided in that respect.” Hodges v. Gibson
Products Co., 811 P.2d 151m 156 (Utah 1991).
In Crisman v. Hallows, 2000 UT App 104, 999 P.2d 1249, a Utah Division of Wildlife
Resources employee shot his neighbor’s two dogs. Id. at ¶ 3-4. The employee worked at a fish
hatchery. Id. ¶ 4. He admitted that he shot the dogs because they had disturbed his personal garden
and horses but also claimed that another neighbor reported to him that the dogs were chasing an elk
herd near the fish hatchery. Id. at ¶ 4-5. The Utah Court of Appeals reversed the district court’s
grant of summary judgment in favor of the employee and stated that the applicability of the UGIA
“turns on what in fact occurred, not on what a defendant asserts occurred.” Id. at ¶ 10. “Thus, while
failure to comply with the Immunity Act applies to claims for conduct by governmental employees
actually occurring in that capacity, it is not invoked for the personal tortious conduct of a person
who happens to also be a governmental employee merely because he so asserts.” Id. Whether an
employee’s conduct falls within the scope of employment is ordinarily a question of fact to be
determined by the trier of fact. Id. at ¶ 11.
Relying on Crisman, Olson claims that there may be a question of fact as to whether
Wilcox was acting within the scope of her employment. But Crisman is distinguishable from the
instant case. In Crisman, the DWR employee was alleged to have clearly personal motivations
regarding the dogs disturbing his garden and horses, which had no relationship with his
employment at a fish hatchery. In this case, coaching athletes, giving them feedback, determining
who plays in what games, and dealing with the fallout from those decisions are all part of being a
coach. The incident in question occurred during a team practice and involved a dispute about
Wilcox’s decision to have Olson play in a junior varsity match instead of a varsity match. It
occurred after Olson had come out of the restroom and returned to practice. The rest of the tennis
team was present onsite. Although Wilcox’s methods for carrying out her objectives may have
been regarded as “quite improper ones” in Olson’s estimation, they were acts that were closely
connected to and reasonably incidental to what she was employed to do as a coach. Even if
misguided, Wilcox was acting in her capacity as tennis coach in response to a student athlete who
slapped her during a team practice. Olson’s purported injuries arise out of, or in connection with,
or resulting from a purported assault or battery.
There is no allegation in the Complaint suggesting that Olson and Wilcox had a personal
relationship outside the player/coach relationship. Olson states that she sued Wilcox in her
individual capacity, but she does not allege that Wilcox had any personal motivations for engaging
in the conduct. The interaction happened during a team practice and as a result of a determination
Wilcox made as the team’s coach. Wilcox may have overzealously restrained a player who slapped
her, but that does not take the conduct outside her scope of employment. The conduct alleged in
the Complaint is within Wilcox’s scope of employment. As a coach, Wilcox was performing her
assigned duties, teaching tennis, and supervising students on the team. Therefore, Wilcox was
engaged in the performance of her governmental function when the incident occurred and meets
the first step of the UGIA analysis.
Under the second prong, the UGIA waives immunity “subject to Subsections
63G-7-101(4) and 63G-7-201(4), as to any injury proximately caused by a negligent act or
omission of an employee committed within the scope of employment.” Utah Code Ann. §
63G-7-301. Section 63G-4-201(4)(b) provides that a “governmental entity . . . and its employees
are immune from suit, and immunity is not waived, for any injury proximately caused by a
negligent act or omission of an employee committed within the scope of employment if the injury
arises out of or in connection with, or results from: . . . (b) . . . assault, battery, . . . or violation of
civil rights.” Id. § 63G-7-201(4)(b).
Utah courts have repeatedly held that the UGIA, “by its plain language preserves immunity
for negligence that resulted in an injury that arises out of . . . an assault or battery.” Petersen v. Bd.
of Educ. Of Davis Cnty Sch. Dist., 855 P.2d 241, 243 (Utah 1993); Ledfors v. Emery Cnty. Sch.
Dist., 849 P.2d 1162, 1165 (Utah 1993) (UGIA “plainly does not allow suit against a governmental
entity if the underlying injury . . . arises out of an assault or battery.”). The court has “previously
held in several cases that immunity is retained under the [UGIA] if an assault or battery is
involved, regardless of who the tortfeasor is, and even if the assault or battery occurs as the result
of the negligence of the state or state agent.” Sanders v. Leavitt, 2001 UT 78, ¶ 29, 37 P.3d 1052.
The Utah Supreme Court has concluded that a battery is committed if: (1) the actor
deliberately makes a physical contact and (2) this contact is deemed harmful or offensive at law.
Wagner v. State, 2005 UT 54, ¶ 19, 122 P.3d 599. Olson’s Complaint alleges that Wilcox
deliberately made physical contact with Olson and that contact was harmful or offensive. Olson’s
negligence-based causes of action expressly allege injury proximately caused by Wilcox’s
purported negligence during a team practice in her role as tennis coach. Governmental immunity is
waived for allegations of negligence committed within the course and scope of employment. The
assault and battery exceptions to the UGIAs’ waivers of immunity are applicable here.
Although Olson claims that she is entitled to plead alternative causes of action for
negligence, she has alleged facts for assault and battery. She can pursue alternative and conflicting
legal theories, but she cannot plead alternative facts. Utah courts have “rejected claims that have
reflected attempts to evade” the statutory grant of immunity by “recharacterization of the supposed
cause of the injury.” Peterson, 855 P.2d at 242. Similarly, here, Olson’s negligence-based claims
are barred under the UGIA. She has separate causes of action for assault, battery, and intentional
infliction of emotional distress. Those claims are not impacted by the UGIA. However, her
negligence claims for the same alleged conduct are barred.
The last prong of the governmental immunity test looks to the exceptions to the waiver of
UGIA immunity. While Olson asserts that her negligence-based claims do not arise out of a battery
in the traditional sense, the issue is not whether the negligence-based claims arise out of the
battery, rather the statutory retention of immunity hinges on whether Olson’s injuries arise out of
the battery. This is a significant distinction. Any injuries Olson may allege were caused by
Wilcox’s alleged negligence, even negligent acts or omissions beyond the alleged chokehold, still
tie back to the underlying alleged battery. Even accepting that Wilcox owed Olson the duties she
lists in her opposition, any injury Olson suffered from the breach of those duties would have
occurred in connection with the purported battery. Olson states that Wilcox’s negligence and
NIED claims tie back to the purported battery because they arise out of the breach of care owed by
a coach to a student when choosing a high-risk restraint technique in a nonemergency situation. No
matter how Olson frames her argument, the injuries for each of Olson’s claims arise out of or in
connection to the allegedly deliberate physical conduct that harmed Olson. All of those
negligence-based claims are, therefore, entitled to immunity under the assault/battery exception.
Accordingly, the court grants Wilcox’s motion to dismiss Olson’s negligence-based claims.
2. Section 1983 Claim
Wilcox moves to dismiss Olson’s claims for violation of her civil rights under the First,
Fourth, Fifth, Sixth, Eighth, Ninth, and Fourteenth Amendments because they fail to comply with
Federal Rule of Civil Procedure 8(a)(2) and, alternatively, Wilcox is entitled to qualified
immunity. In her opposition, Olson agreed that she has not stated claims for violations of her Fifth,
Sixth, Eighth, and Ninth Amendment rights. Therefore, the court considers those claims dismissed
and will only addressing her claims for violations of her First, Fourth, and Fourteenth Amendment
rights.
A. FRCP 8(a)(2)
Wilcox argues that Olson’s § 1983 claim should be dismissed for failure to comply with
Federal Rule of Civil Procedure 8(a)(2). Olson does not clearly state which facts support which
claims. See Glenn v. First Nat’l Bank, 868 F.2d 368, 371 (10th Cir. 1989) (upholding trial court’s
refusal “to attempt to match the factual assertions with the elements of all subsections of the RICO
statute to determine if the complaint states a claim for relief.”). Olson argues that she does not need
to assign facts to specific constitutional violations. Rule 8 does not require that. Olson argues that
she has satisfied Rule 8 because her Complaint contains a simple, concise account of events that
she alleges entitle her to damages for a variety of constitutional violations. Olson argues that she
has pled sufficient facts to allow the court to reasonably infer that Wilcox is liable for the
misconduct alleged.
Olson’s Section 1983 claims fall short of Rule 8’s requirements because she fails to put
Wilcox on fair notice of the claims made against her. Olson’s Complaint makes sweeping claims
alleging neglect, abuse, and inhumane treatment along with a list of seven (now pared down to
three) constitutional amendments allegedly violated. But the Complaint does not state which facts
support which claims. The Tenth Circuit affirmed a trial court’s dismissal where “the trial judge
described [this] method of pleading as ‘shotgun’ pleading and stated that he was not going to do
[the plaintiff’s] work for them to connect assertions with elements of all sections of the . . . law . .
. . Neither will I require the defendants to ‘piece’ together the plaintiff’s complaint.” Glenn v. First
Nat’l Bank, 868 F.2d 368, 371-72 (10th Cir. 1989).
In this case, Olson’s Complaint must identify the facts supporting each constitutional
violation. Olson cannot merely tie the conduct and the alleged constitutional violation together in
opposition to Wilcox’s motion. Her Complaint must plausibly state facts supporting each claimed
violation in order to state a claim and withstand dismissal on qualified immunity grounds.
Accordingly, the court dismisses Olson’s § 1983 claims against Wilcox without prejudice. Olson
shall file an Amended Complaint complying with these requirements within thirty days of the date
of this Order.
Park City School District’s Motion to Dismiss
PCSD moves to dismiss Olson’s only claim asserted against it, a civil rights claim under 42
U.S.C. § 1983. PCSD argues that Olson’s § 1983 claim fails to comply with FRCP Rule 8(a)(2).
PCSD also argues that Olson has failed to sufficiently allege a custom or policy of PCSD that
would result in § 1983 liability. As with Wilcox’s motion, to the extent that Olson attempts to state
First, Fourth, and Fourteenth Amendment violations, she has not stated what her specific rights
were that were violated and matched those rights up to her factual assertions regarding the
District’s conduct. Therefore, to the extent that Olson is attempting to state claims against PCSD
under the First, Fourth, and Fourteenth Amendments, Plaintiff’s Complaint fails to comply with
FRCP 8.
PCSD also argues that Olson’s claim against it fails to plead details sufficient to satisfy the
Monell standard for municipal/school district liability under Section 1983. In addition to the
deficiencies under FRCP 8 highlighted by Wilcox’s motion, PCSD contends that Olson’s Section
1983 claim against it should be dismissed for failing to demonstrate that her rights were violated as
a result of a school district custom or policy.
School districts are “liable only if the violation of a plaintiff’s federal rights resulted from
an action taken under an official custom or policy.” Douglas v. Beaver Cnty. Sch. Dist. Bd., 82
Fed. App’x 200, 202 (10th Cir. 2003). “The doctrine of respondeat superior cannot be employed
to hold governmental entities liable under § 1983 for the constitutional torts of their employees.”
See Christensen v. Park City Mun. Corp., 554 F.3d 1271, 1279 (10th Cir. 2009).
Under the United States Supreme Court’s decision in Monell v. Department of Social
Services, 436 U.S. 658 (1978), there are four general categories of cases in which municipalities
and other local government units may be liable for damages pursuant to a policy of custom that
caused the plaintiff’s injury. The applicable policy or custom may fall into one of five categories:
(1) a formal regulation or policy statement; (2) an informal custom amounting to a widespread
practice that, although not authorized by written law or express municipal policy, is so permanent
and well settled as to constitute a custom or usage with the force of law; (3) the decisions of
employees with final policymaking authority; (4) the ratification by such final policymakers of the
decisions—and the basis for them—of subordinates to whom authority was delegated subject to
these policymakers’ review and approval; or (5) the failure to adequately train or supervise
employees, so long as that failure results from deliberate indifference to the injuries that may be
caused.” Duran v. Colbert, 2023 WL 2742738, at *3 (D. Utah March 31, 2023) (quoting Bryson v.
City of Oklahoma City, 627 F.3d 784, 788 (10th Cir. 2010)). Additionally, the plaintiff must
demonstrate that by virtue of its deliberate conduct, the government entity was the moving force
behind the injury alleged—in other words, there must be both the required degree of culpability
and a direct causal link. Id.
In this case Olson alleges that PCSD engaged in practices with respect to ignoring or
downplaying misconduct by PCSD coaches, teachers, and other employees and agents that were so
common and well-settled as to constitute a PCSD custom or official policy. Thus, while Olson
does not identify which theory she believes underpins her claim—which is problematic—she
appears to base her 1983 claim solely on the second category of custom or policy addressed above.
But in doing so, she fails to satisfy the required specificity of pleading necessary to state a claim
adequately.
To adequately state a claim based on informal custom or practice, Olson must allege three
elements: “(1) the existence of a continuing, persistent and widespread practice of unconstitutional
misconduct by the municipality’s employees; (2) deliberate indifference to or tacit approval of
such misconduct by the municipality’s policymaking officials after notice to the officials of that
particular misconduct; and (3) that the plaintiff was injured by virtue of the unconstitutional acts
pursuant to the custom and that the custom was the moving force behind the unconstitutional acts.”
Gates v. Unified Sch. Dist. No. 449, 996 F.2d 1035, 1041 (10th Cir. 1993). To establish the
existence of a continuing persistent and widespread custom, Olson must allege facts supporting the
conclusion that similarly situated individuals were mistreated by the municipality in a similar
fashion. Carney v. City & Cnty of Denver, 534 F.3d 1269, 1274 (10th Cir. 2008).
The claim in this case arises from Olson’s alleged injuries due to Wilcox’s allegedly
inappropriate use of physical restraint. It is undisputed that Olson struck Wilcox first, thereby
initiating the physical interaction between the parties. Olson may not validly extrapolate a custom
or practice of widespread violations of students’ constitutional rights from a single incident of
allegedly inappropriate self-defense by one coach. It should be noted that at the time of the incident
in 2022, applicable Utah law provided that a school employee was permitted to use reasonable and
necessary physical restraint “in self-defense” or “when otherwise appropriate to the
circumstances” to, among other things, “protect a student or another individual from physical
injury” or to “remove from a situation as student who is violent.” Utah Code Ann. § 53G-8-302
(repealed May 7, 2025). In attempting to demonstrate a custom, policy, or practice of PCSD, Olson
must demonstrate not just a pattern of use of physical restraint by coaches and teachers, but a
pattern of the use of physical restraint in a manner that was outside of that which was expressly
allowed by law as well as the District’s knowledge of such practices and indifference to or tacit
approval of that kind of conduct.
Clear Tenth Circuit authority provides that a pleading must factually distinguish true
municipal liability claims from those based on respondeat superior. Christensen v. Park City Mun.
Corp., 554 F.3d 1271, 1279 (10th Cir. 2009); Duran v. Colbert, No. 2:16-CV-805-CW, 2023 WL
2742738, *2 (D. Utah 2023) (unpublished). Olson’s Complaint is required to establish that her
claims against PCSD are plausible. Olson must identify the unconstitutional policy or custom that
is the basis of PCSD’s alleged liability. Castro v. Utah Cnty., No. 2:22-CV-464-JCB, 2024 WL
452940 (D. Utah 2024). Olson has not identified any other incident in which a student was
physically restrained after committing a battery. Olson’s failure to cite to a single other incident of
a student being mistreated in an allegedly similar fashion warrants dismissal of her claim as it did
in Duran and the cases it relied on. Duran, 2023 WL 274738 at *5; Huff v. City of Aurora, No.
21-CV-2715-RMR-NRN, 2022 WL 4131438, at *11 (D. Colo. Sept. 12, 2022) (dismissing custom
and practice claim where complaint alleged four instances but court found only one instance of
similar mistreatment insufficient to allege a plausible widespread practice); Waller v. City and
Cnty. of Denver, 932 F.3d 1277 (10th Cir. 2019) (affirming dismissal where allegations described
one similar incident). Just as in those cases, Olson advances only conclusory allegations regarding
any incidences similar to the one at issue.
Similarly, several of Olson’s allegations against PCSD are based on information and
belief. On information and belief, PCSD allegedly hired and retained Wilcox with knowledge of
an alleged history of altercations with students and parents. Olson also alleges that PCSD failed to
investigate and/or discipline Wilcox for incidents in which she had altercations with students and
parents during her employment at PCSD. But Olson does not provide any factual context
supporting these assertions. The Twombly plausibility standard does not prevent a plaintiff from
pleading facts upon information and belief as long as the complaint sets forth the factual basis of
the belief. But Olson has not provided the facts supporting her assertions. Where a civil rights
complaint contains only bare assertions, dismissal is fitting. Duran, 2023 WL 2742738 at *1.
In Waller, the Tenth Circuit explained that claims of inadequate hiring, training, or other
supervisory practices must met a high initial pleading bar and that claims of alleged supervisory
shortcomings must meet the “stringent ‘deliberate indifference’ standard of fault.” To allow a less
stringent standard “would result in de facto respondeat superior liability on municipalities.” 932
F.3d at 1284. The Waller court then analyzed theories of liability including inadequacies in hiring
practices, failure to train, failure to supervise, failure to investigate, and failure to discipline.
Ultimately, the court upheld the trial court’s dismissal on all the theories of liability because they
were insufficiently pled. See id.
As to hiring, the Waller court stated: “the fact that inadequate scrutiny of an applicant’s
background would make a violation of rights more likely cannot alone give rise to an inference that
a policymaker’s failure to scrutinize the record of a particular applicant produced a specific
constitutional violation.” Id. at 1285. Rather, “[o]nly where adequate scrutiny of an applicant’s
background would lead a reasonable policymaker to conclude that the plainly obvious
consequence of the decision to hire the applicant would be the deprivation of a third party’s
federally protected right can the official’s failure to adequately scrutinize the applicant’s
background constitute ‘deliberate indifference.’” Id. The vague allegations in Olson’s Complaint,
as currently pled, do not meet this criteria.
As to a failure to train theory of liability, the Waller court stated: “We are mindful of the
Supreme Court’s warning that ‘a municipality’s culpability for a deprivation of rights is at its most
tenuous where a claim turns on a failure to train.” Id. In Swearingen v. Pleasanton Unified Sch.
Dist. 344, 2021 WL 5758544 (D. Kan. 2021), the district court dismissed a failure to train claim for
falling short of the Tenth Circuit’s requirements for a plausible claim where the plaintiff referred to
“just one earlier incident with the school district” in which a male teacher was caught sexually
soliciting a student through text messaging because “one instance, however egregious, does not a
pattern or practice make”).
The Waller decision admonished that Rule 12(b)(6) does not allow a plaintiff to file a
complaint devoid of supporting facts as a vehicle to commence discovery on the off chance that
“[s]ome facts might exist which could support a plausible claim.” Id. at 1291. Olson’s Complaint
alleges vague accusations without any supporting facts. Olson alleges that the existence of other
incidents in which PCSD allegedly ignored or downplayed misconduct by PCSD employees “is
implicit.” This is insufficient to satisfy the requirement that her Complaint plausibly allege “a
direct causal link” between the violation of her constitutional rights and PCSD’s conduct. See
Archuleta v. Board of Ed. For Espanola Pub. Schs., Civ. No. 24-359 KK/JHR, 2025 WL 1068054,
*8-9 (D.N.M. 2025), (dismissing municipal liability claims against school district based on
inadequate hiring practices, failure to train and supervise, and alleged retaliation by members of
school’s coaching staff).
As to the ratification claim, Olson’s opposition does nothing more than attempt to recast
the other alleged claims of inadequate hiring, training, or other supervisory practices into a
ratification claim. The Tenth Circuit’s decision in Moss v. Kopp, 559 F.3d 1155 (10th Cir. 2009)
does not support Olson’s position. In Moss, the Tenth Circuit upheld the trial court’s dismissal of a
ratification claim at the motion to dismiss stage. Olson has not alleged who within PCSD has
policymaking authority, what actions such individual did to ratify a policy related to Wilcox’s
actions, and what decisions were made by any particular subordinate such that a policy making
supervisor would have been aware of it and capable of ratifying it.
Citing to Moss, the district court in Estate of Kracht v. City of Sterling, Civ. No.
22-CV-1081-NYW_STV, 2022 WL 16650152, *4-5 (D. Colo. 2022), rejected a claim that the
failure to terminate or discipline a police officer for excessive force was reflective of ratification
where the complaint failed to allege with any specific details that anyone in general or anyone with
policymaking authority affirmatively approved of the officer’s actions. Id. at *4. Olson’s
ratification claim, in this case, is similarly deficient.
Similarly, while Olson uses the words deliberate indifference to describe PCSD’s conduct,
the statement lacks any specific factual allegations supporting the claim or demonstrating the level
of culpability of PCSD as a whole. In response to PCSD’s arguments regarding Olson’s failure to
plead deliberate indifference, Olson relies on Velarde v. Board of Cnty. Comm’rs of the Cnty. of
Taos, 756 F. Supp. 3d 1216 (D.N.M. 2024). Velarde, however, is not applicable and clearly
distinguishable. Unlike in Velarde, Olson’s Complaint makes no allegation that Wilcox had been
known to engage in physical restraint, that any of the alleged “prior altercations” were physical in
nature, that there were grievances or complaints filed with PCSD pursuant to its complaint
policies, or that there were other instances in which PCSD has been sued or paid out settlements
based on similar conduct to that allegedly committed by Wilcox. Olson’s allegations do not meet
the pleading requirements necessary for stating a deliberate indifference claim. Olson’s allegations
are too vague to withstand dismissal.
In addition, Olson has not sufficiently pled the existence of a direct causal link. The
causation element is applied with special rigor “when the municipal liability claim is based on
inadequate training, supervision, and deficiencies in hiring.” Schneider v. City of Grand Junction
Police Dep’t, 717 F.3d 760, 770 (10th Cir. 2013). Olson’s Complaint fails to make a sufficient
connection between PCSD’s alleged policies and how those directly caused the alleged violation
of Olson’s constitutional rights.
Accordingly, the court grants PCSD’s motion to dismiss Olson’s § 1983 claim against it.
Because the dismissal is based on a failure to adequately plead the causes of action, the court
dismisses the claim without prejudice. Olson shall file an Amended Complaint within thirty days
of the date of this Order.
CONCLUSION
Based on the above reasoning, Defendant Lani Wilcox’s Partial Motion to Dismiss [ECF
No 11] is GRANTED. Olson’s negligence-based claims are dismissed with prejudice and her §
1983 claim is dismissed without prejudice. Defendant Park City School District’s Motion to
Dismiss [ECF No. 16] is GRANTED. Olson’s § 1983 claim against Park City School District is
dismissed without prejudice. Within thirty days of the date of this Order, Olson shall file an
Amended Complaint asserting her § 1983 claims against Defendants in accordance with FRCP 8
and the law discussed above.
DATED this 14" day of September 2026.
BY THE COURT:
“LDL G. k L072
DALE A. KIMBALL,
UNITED STATES DISTRICT JUDGE
18
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