When Can You File a Civil Rights Lawsuit in Wyoming, Idaho or Utah? Insights from Recent Cases

Civil rights lawsuits are a powerful means of seeking justice when someone’s constitutional rights are violated by government actors. But when exactly can you bring one? Two recent cases—Palm-Egle v. Briggs in Wyoming and Aust v. City of Phoenix in Arizona—offer clear examples of when a civil rights claim is viable and what courts expect from plaintiffs. 

What Is a Civil Rights Claim? 

A civil rights claim typically arises under 42 U.S.C. § 1983, which allows you to sue state or local government officials for violating your constitutional rights—such as due process, free speech, or protection from unreasonable searches and seizures. 

To succeed in a § 1983 claim, you must show: 

1. The defendant was acting “under color of law,” and 

2. They violated a clearly established constitutional right. 

Case 1: Palm-Egle v. Briggs, 545 P.3d 828 (Wyo. 2024) 

The Story 

Deborah Palm-Egle was charged with growing marijuana, but she claimed she was cultivating legal hemp. A Wyoming officer allegedly ignored test results showing 0.0% THC and instead pursued charges without disclosing this crucial evidence. 

The Claim 

Palm-Egle filed a federal § 1983 civil rights claim, alleging: 

• A violation of her due process rights when exculpatory evidence was ignored. 

• She was prosecuted without probable cause due to a negligent and biased investigation. 

What the Court Said 

The Wyoming Supreme Court recognized that: 

• Law enforcement owes a duty of care to criminal suspects. 

• Qualified immunity can still apply but doesn’t automatically block negligence or § 1983 claims when an officer acts unreasonably. 

When You Can Sue: 

You can sue when officers: 

• Pursue charges without probable cause. 

• Suppress or ignore evidence that could clear your name. 

• Conduct an investigation with reckless disregard for the truth. 

Case 2: Michael Charles Aust v. City of Phoenix, 2025 WL 1000737 (D. Ariz. 2025) 

The Story 

Michael Aust alleged he was tackled by police while trying to leave a train station, even though he asked multiple times whether he was being detained. He later claimed his property was not returned properly and that multiple constitutional violations occurred. 

The Claim 

Aust raised claims under the: 

• Fourth Amendment (excessive force), 

• Fifth and Fourteenth Amendments (due process), 

• First Amendment (retaliation), among others. 

What the Court Said 

The court dismissed Aust’s complaint with leave to amend because: 

• He failed to clearly link specific officers to specific actions. 

• He did not allege how any official policies led to his injuries (which is required for suing a city). 

But the court also reaffirmed key civil rights principles, including: 

• The use of excessive force can violate the Fourth Amendment. 

• Self-represented plaintiffs are still entitled to fair consideration and a chance to fix errors in their complaint. 

When You Can Sue: 

You can bring a civil rights lawsuit if: 

• You are physically harmed by excessive or unreasonable force by police (e.g., tackling without justification). 

• Your property is seized or withheld without due process. 

• Your constitutional rights are violated during a public interaction with law enforcement. 

Takeaways from Both Cases 

• Civil rights lawsuits require specific facts—you must name who did what, when, and how it violated a constitutional right. 

• Government actors (police, prosecutors, etc.) can be sued under § 1983, but you must overcome qualified immunity by showing the right was “clearly established.” 

• Claims against cities require evidence of a policy or custom that caused the violation (Monell standard). 

If you believe you have a civil rights claim contact John Bowers at Bowers Law Firm for more information.