Kimbley v. City of Green River

Appellants-plaintiffs brought an action against appellees-defendants, various law enforcement officers of the Green River Police Department, of the Sweetwater County Sheriffs Office and of the State Division of Criminal Investigation and their employers. The complaint alleged that appellees were liable for damages on the basis of negligence, malicious prosecution, assault and battery, violation of civil rights and false imprisonment in obtaining and executing a warrant for the arrest of appellants on charges of first degree murder, which charges were later dismissed. Pursuant to Rule 12(b)(6), W.R.C.P., appellees filed a motion to dismiss the complaint for failure to state a claim upon which relief can be granted and attached supporting affidavits. Appellants filed (1) a motion for judgment on the issue of liability and (2) a response to the motion to dismiss the complaint in which they noted that it was "in essence a motion for summary judgment," and in which they requested additional time to conduct discovery should the court treat the motion as one for summary judgment. The trial court granted appellees motion for summary judgment and denied appellants request for additional discovery time and their motion for judgment on liability. Appellants then moved for an oral hearing and for reconsideration. These motions were also denied.