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Navratil v. Parker
United States District Court for the District of Colorado
726 F. Supp. 800 (1989)
Police officer Randy Parker (defendant) pulled over John Navratil for speeding. John’s father, Boris Navratil (Navratil) (plaintiff), was a passenger. Both John and Navratil got out of the car. Parker told Navratil to get back in the car. Navratil repeatedly asked why they had been stopped. Parker repeatedly told him to get back in the car. Finally, Navratil got back in the car. Parker then returned to his police car with John’s driver’s license. Several minutes later, Parker returned to John’s car. Navratil got out again and walked toward Parker and John to give John a coat. Navratil was agitated, as he admitted at trial, and waved his arms for emphasis. More officers then arrived on the scene, and Parker’s police dog came out from Parker’s car and stood next to Parker, who restrained him. John stated that the dog never growled, showed its teeth, or snarled. However, when asked whether the dog was threatening, John testified that no one would argue with the dog. Navratil claimed that Parker let the dog out of the police car, but Parker claimed that the dog followed his training to jump out of the open window if he sensed danger. Navratil again returned to his car after John’s suggestion and further orders from Parker. However, Navratil then got out of the car a third time after they had been stopped for a total of 10 to 15 minutes. Parker told Navratil to get back in the car or he would be arrested. Navratil responded that if Parker was going to arrest him, to go ahead and do it so they could be on their way. Parker then handcuffed and arrested Navratil and took him to jail. Navratil brought claims for assault, battery, invasion of privacy, false arrest and imprisonment, and outrageous conduct. Parker moved for summary judgment on all Navratil’s claims.
Rule of Law
Holding and Reasoning (Matsch, J.)
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