TYLER B. AYRES, Bar No.

9200
AYRES LAW FIRM
12339 S. 800 E. Ste. 101
Draper UT 84020
(801) 255-5555 Phone
Tyler@AyresLawFirm.com
Attorneys for Plaintiff Shaun Cowley
___________________________________________________________________________________
IN THE UNITED STATES DISTRICT COURT
DISTRICT OF UTAH, CENTRAL DIVISION

SHAUN COWLEY,
Plaintiff,
COMPLAINT AND JURY DEMAND
vs.
WEST VALLEY CITY, WEST VALLEY CITY
POLICE DEPARTMENT, WVC MANAGER
WAYNE PYLE, FORMER POLICE CHIEF
BUZZ NIELSEN, CURRENT POLICE CHIEF
LEE RUSSO, WVC DETECTIVE DAVID
GRECO, DEPUTY CHIEF PHILIP QUINLAN,
DEPUTY CHIEF MICHAEL POWELL,
LIEUTENANT JOHN COYLE, FORMER
CHIEF ANITA SCHWIMMER, DISTRICT
ATTORNEY SIM GILL, AND SALT LAKE
COUNTY,

CIVIL NO:
JUDGE:

Defendants.
Plaintiff Shaun Cowley (Cowley), by and through his attorney, Tyler B. Ayres, makes a
demand for a jury trial and complains of Defendants as follows:

JURISDICTION AND VENUE

1. This Court has original jurisdiction pursuant to 28 U.S.C. 1331 and 1343 over
Plaintiffs case of action arising under the Constitution of the United States and 42 U.S.C.
1983.
2. This Court has supplemental jurisdiction over Plaintiffs cause of action arising under the
Utah state law pursuant to 28 U.S.C. 1367.
3. Venue lies in the United States District Court for the District of Utah because a
substantial part of the events and omissions giving rise to Plaintiffs claims occurred in
Utah. 28 U.S.C. 1391(b)(2).
4. Defendants are subject to personal jurisdiction within this district.
PARTIES
5. Plaintiff Shaun Cowley is a former West Valley City police officer and a citizen of the
United States, and is at all times mentioned a resident of Salt Lake County, State of Utah,
which is in the judicial district.
6. Defendant West Valley City Police Department (WVCPD) is a police department within
the boundaries of Salt Lake County, State of Utah.
7. Defendant West Valley City is a political subdivision of the State of Utah. As part of its
corporate power, and at all relevant times, West Valley City maintained a police
department under the name of West Valley City Police Department.
8. Defendant Wayne Pyle (Pyle) was at all relevant times employed as the West Valley City
Manager. As City Manager, Pyle improperly influenced Shaun Cowleys termination
2

hearing by ordering the Hearing Officer to alter his original recommendation from thirty
(30) days suspension to Cowleys termination. Pyle was at all times relevant a resident of
Salt Lake County, State of Utah. This suit is brought against Pyle in both his personal and
official capacities.
9. Defendant Buzz Nielsen (Nielsen) had been employed as the West Valley City Police
Departments Police Chief at the commencement of the events that constitute Cowleys
causes of action. Nielsen was responsible for the police departments attempts to
scapegoat Cowley both for the death of Danielle Willard and for the Neighborhood
Narcotic Units failures to properly process evidence. Although Nielsen was allowed to
retire in the middle of the alleged events, he was substantially involved in the alleged
events and at all times relevant was a resident of Salt Lake County, State of Utah. This
suit is brought against Nielsen in both his personal and official capacities.
10. Defendant Anita Schwimmer (Schwimmer) was employed as acting Police Chief of West
Valley City Police Department following Nielsens retirement. Schwimmer continued
West Valleys attempts to scapegoat Cowley by withholding police policies which
ultimately vindicated Cowley. Schwimmer was at all times relevant a resident of Salt
Lake County, State of Utah. This suit is brought against Schwimmer in both her personal
and official capacities.
11. Defendant Lee Russo (Russo) succeeded Schwimmer as West Valley City Police
Departments Police Chief and acted as Police Chief for a substantial portion of the
alleged events. Russo was responsible for continuing the police departments attempts to
scapegoat Cowley for the death of Danielle Willard and for the Neighborhood Narcotic
3

Units failures to properly process evidence. Russo was at all times relevant a resident of
Salt Lake County, State of Utah. This suit is brought against Russo in both his personal
and official capacities.
12. Defendant David Greco (Greco) was employed at all relevant times as a West Valley
Detective. Greco drafted the probable cause statement against Cowley then later testified
at a preliminary hearing for Cowleys manslaughter charges that Cowley was justified in
drawing his weapon. Greco was at all times relevant a resident of Salt Lake County, State
of Utah. This suit is brought against Greco in both his personal and official capacities.
13. Defendant Philip Quinlan (Quinlian) was at all relevant times employed as Deputy Chief
of the West Valley Police Department. Quinlan spearheaded both the administrative and
criminal investigation of Cowley in violation of IA protocol. Quinlan was at all times
relevant a resident of Salt Lake County, State of Utah. This suit is brought against
Quinlan in both his personal and official capacities.
14. Defendant Michael Powell (Powell) was at all times relevant employed as Deputy Police
Chief of the West Valley Police Department. Powell tampered with witnesses by ordering
fellow police officers to not testify at Cowleys termination appeal. Powell was at all
times relevant a resident of Salt Lake County, State of Utah. This suit is brought against
Powell in both his personal and official capacities.
15. Defendant John Coyle (Coyle) was at all times relevant employed as Lieutenant of the
West Valley Police Department. Coyle tampered with evidence both by breaking into
Cowleys locker and destroying its contents, and fabricating a training manual regarding
searches of evidence lockers. Coyle was at all times relevant a resident of Salt Lake
4

County, State of Utah. This suit is brought against Coyle in both his personal and official
capacities.
16. Defendant Sim Gill (Gill) was at all relevant times employed as District Attorney for Salt
Lake County, State of Utah. Gill made false and defamatory statements to the public
regarding Cowleys case: namely his claim that the bullets trajectories invalidated
Cowleys recollection of Danielle Willards shooting and Gills representation that
Cowley was indicted by a five member investigatory team of Cowleys peers. Gill was at
all relevant times a resident of Salt Lake County, State of Utah. This suit is brought
against Gill in both his personal and official capacities.
17. Defendant Salt Lake County is a municipal entity residing within the State of Utah. Salt
Lake County was responsible for bringing charges against Cowley related to the Danielle
Willard shooting.
GENERAL ALLEGATIONS
18. Prior to 2011, Cowley was employed as a police officer with the West Valley City Police
Department (WVPD).
19. In early 2011, Cowley was transferred to West Valley Citys Neighborhood Narcotics
Unit (NNU), a special branch of the WVPD dedicated to drug enforcement and
prosecution.
20. Neither Cowley nor any of the other officers involved in the NNU received any formal
training upon recruitment to the NNU. Cowley received no training regarding proper
drug enforcement procedure or the handling of evidence.

21. Six months into Cowleys involvement with the NNU, West Valley City requested a
grant to pursue a criminal investigation into the Susan Powell case. Once the grant was
secured, NNU then was tasked to assist the DEA in the Powell investigation. The NNU
and DEA shared a room and jointly assisted with wiretaps during the Powell
investigation.
22. Lieutenant John Coyle (Coyle) was Cowleys supervisor. Coyle was responsible for forming policy at the
NNU and WVPD regarding the handling of evidence.

23. Coyle repeatedly violated constitutional rights and proper police procedure while
conducting drug investigations.
24. In January 2012, Coyle notified Cowley to assist him on a knock and talk. Coyle
alleged he saw drug paraphernalia and a large amount of U.S. currency in plain sight after
knocking on a suspects door. Coyle called Cowley to help in the investigation while
detective McCarthy authored a search warrant.
25. When Cowley arrived on the scene, Coyle had already begun searching the suspects
home prior to the issuance of the search warrant and located a large amount of US
currency inside the closed drawers of a tool chest. Cowley confronted Coyle regarding
Coyles illegal search in front of WVC Detectives Salmon and Smith. Coyle ordered
Cowley to be quiet or face punishment for insubordination. Cowley shortly thereafter
asked to be transferred from the NNU but was denied a transfer.
26. In July 2012, Michelle Tapia conducted an audit of the WVPD and the NNU. The audit
revealed the NNU engaged in questionable evidence handling practices. West Valley
ignored the audits.

27. In October 2012, Cowley was awarded the employee of the month award for work
performed on a white supremacist case. At the same time, Cowley began to fall behind on
his procedural work due to the overwhelming increase in drug investigations.
During drug stops and investigations, Cowley was responsible for protecting the
confidential informant, filling out paperwork, booking evidence, and returning to the
investigation.
28. Due to the demanding nature of his work, Cowley failed to properly book evidence from
some of the drug investigations. The trunk of Cowleys vehicle contained a safe for
temporarily storing evidence. Cowley would leave evidence in the trunk safe when he
was short on time travelling between drug raids.
29. Cowley requested that he be transferred back to WVPD patrol and out of the NNU
because Cowley was unable to properly conduct police business as a result of the hectic
pace of the drug raids as well as the questionable activity of his supervisors. Cowleys
transfer request was denied and Cowley was told he would have a target on his back if he
ever left the NNU.
30. On November 2, 2012, Cowley and WVC Detective Kevin Salmon (Salmon) were
involved in a drug investigation involving Danielle Willard. During the encounter,
Willard attempted to strike Cowley and Salmon with her vehicle. Both Cowley and
Salmon discharged their weapons, killing Willard.
31. Following Willards death, WVPD collected Cowley and Salmons vehicles. While
inspecting Cowleys vehicle, the WVPD discovered evidence in Cowleys trunk that had
not been booked properly into evidence. The evidence included a purse, a baggie of meth
7

(sealed but with no case number), a $2 bill, and a chunk of methamphetamine. All of the
evidence was later accounted for but had not been booked into evidence.
32. Upon discovering the improperly booked evidence, the WVPD launched an investigation
into the NNU to determine whether mishandling of evidence was wide-spread within the
NNU. The DEA launched its own investigation into the handling of evidence in cases
involving WVPD and began dismissing cases in which Cowley was involved.
33. It was common practice at the NNU to store evidence in the officers personal lockers
prior to booking the evidence. When Coyle learned of the impending investigation, Coyle
and Sgt MT Johnson cut the lock on Cowleys locker and destroyed all the evidence
present in the locker. Coyle made no inventory nor kept any record of the locker search.
All the items in the locker were destroyed, including Cowleys personal items with a
value of over $1,000. Security footage from the evidence room was also destroyed. This
search violated a new department policy that stated locker searches could not be
conducted without the owner present or without a search warrant.
34. Coyle failed to notify IA of the locker search and later lied in an IA Garrity interview
regarding the locker search.
35. It was also common practice for the officers at the NNU to keep cell phones recovered
from drug investigations as trophies of past investigations. Once Coyle learned of the
impending investigation, Coyle and Johnson ordered that all cell phones kept as trophies
be destroyed.
36. Coyle also fabricated a training manual as evidence that NNU officers received drug
enforcement training. NNU officers, including Cowley, received no additional training
8

upon enlistment to the NNU. Coyle then attempted to provide the manual as evidence of
NNU training to FBI agent Todd Palmer.
37. Following Willards death, Cowley and Salmon were placed on administrative leave.
When Cowley was in the hospital immediately after Willards death being examined for
his injuries, Nielsen visited Cowley and told Cowley that they were going to stick this
case up (Salt Lake County District Attorney) Gills ass. Upon information and belief,
Nielsen and Gill were in the midst of a feud following past WVPD misconduct. Cowley
made it clear he did not want to be involved in their politics.
38. For months the WVPD failed to inform Cowley and Salmon that it was Cowleys bullet
that had killed Willard. Both Cowley and Salmon believed Salmon had fired the fatal
shot. The WVPD also failed to provide Cowley and Salmon any counseling following the
shooting due to Coyles interjection in the counseling process. Counseling is normally
provided to officers that have been involved in a fatal interaction. Coyle told the
counselor that Cowley and Salmon did not require counseling.
39. From November 2012 through March 2013, despite public outcry, the WVPD provided
little information regarding Willards death. The WVPD released its records regarding
the Willard shooting that tied Cowley to Willards death. On the same day, Gill held a
press conference announcing nineteen cases were going to be dismissed due to the
actions of one detective at the NNU.
40. The press conference was purposefully held on the same day records were released
regarding Willards death in order to link Cowley with the dismissal of the cases. In truth,
Cowley was only involved in two of the nineteen cases that were dismissed. WVC
9

pursued administrative and criminal claims against Cowley to scapegoat Cowley for the
police departments misconduct.
41. WVC requested that the FBI conduct separate investigations regarding the Willard death
and misconduct at the NNU. Due to the evidence mishandling at the NNU, the U.S.
Attorneys office dismissed cases linked to the NNU for evidence issues. Based on
Cowleys statements, the U.S. Attorney did not pursue criminal charges against Cowley.
42. Cowley received a letter of recommended termination in March 2013. The hearing
regarding the termination was continually postponed from March to September of 2013.
The proposed termination was based on alleged misconduct while acting as an officer,
including four counts of mishandling evidence, two counts of dereliction of duty, and
four counts of conduct unbecoming.
43. After receiving the letter of termination, Cowley approached internal affairs and
explained the full scope of misconduct within the NNU regarding mishandling of
evidence.
44. During this time, Cowley was investigated by both Internal Affairs for misconduct and
the D.As office for criminal charges regarding Willards death. Deputy Quinlan took
charge of both investigations despite the availability of two separate investigators.
Quinlan attempted to abuse the two investigations by ordering Cowley to come in and
discuss the impending case. Quinlan represented the meetings as a Garrity interview, but
did not follow proper Garrity protocol. Without following Garrity protocol, Cowley
would have been denied Garrity protection. Quinlan was repeatedly told by Cowleys
counsel that if Quinlan sought a Garrity interview, he needed to proceed under proper
10

procedure.
45. During the pending investigation, Quinlan would often refer to Cowley within the police
department as a murderer.
46. On August 11, 2013 Gill held another press conference, where he announced that the his
office had found Cowley and Salmons use of force to be unjustified. Gill explained that,
based on the angles of the shots fired, it was impossible for Cowley and Salmons
portrayal of the events to be substantiated. Gill also presented a chart demonstrating the
angles of the shots fired.
47. In September, Cowley had a hearing regarding his proposed termination. The hearing
officer informed Cowley that his initial thought on the matter was a 30-day suspension.
Pyle ordered the hearing officer to fire Cowley in order to save face following the public
backlash from the Powell case.
48. In September, Cowley was fired from the WVPD. The media was notified of Cowleys
termination before Cowley or his attorney was informed of the decision. Salmon was not
terminated.
49. Other officers at the WVPD also engaged in evidence mishandling similar to Cowleys.
These officers received the following discipline:
a. Inappropriate use of confidential informants money in a drug transaction: 40
Hours Suspension;
b. Failure to book a backpack: Letter of Counseling;
c. Failure to properly book evidence left behind in the truck: Letter of Counseling;
d. Failure to properly book evidence left behind in the trunk: Letter of Reprimand;
11

e. Improperly handling seized money: Letter of Counseling;

f. Failure to book evidence: Letter of Reprimand;
g. Failure to book evidence (Drugs): Two Day Suspension;
h. Failure to book evidence left in car: Letter of Reprimand
i. Failure to book suspects wallet: Letter of Counseling
j. Lost Evidence: Letter of Counseling
50. Cowley appealed his termination and began presenting his case before the Civil Service
Commission, a civilian review board.
51. Because the Civil Service Commission was disbanded, Cowleys appeal was delayed an
additional six months while West Valley procured an ALJ to proceed over the appeal.
Cowley eventually prevailed on his appeal because the WVPD was unable to provide the
alleged written policies that West Valley claimed Cowley had violated.
52. The WVPD and Deputy Chief Powell interfered with Cowleys appeal by ordering
officers to not testify at the hearings including Detective Salmon. In the middle of the
appeal process, once it became clear that the Civil Service Commission was sympathetic
to Cowleys case, West Valley disbanded the Civil Service Commission.
53. During Cowleys employment hearings, WVPD intentionally hid evidence and
documents from Cowleys counsel that was discovered by Cowleys counsel and the
ALJ. Anita Schwimmer withheld evidence on behalf of WVPD regarding WVPD
policies, including the policy that locker searches be conducted either with the officer
present or by search warrant. The police departments case was ultimately dismissed due
to failure to provide documents.
12

54. Immediately after charging Cowley, Gill held a press conference wherein he stated
Based on the evidence that was available to them (investigation team) it was the
unanimous decision of the investigative team that criminal charges were warranted in
the shooting of Danielle Willard.
55. Following the press conference, Gill explained the investigative team consisted of
five members: two homicide detectives from Salt Lake Police, two homicide detectives
from WVPD, one homicide detective from Unified Police and three prosecutors from the
D.A.s office. Gill claimed the investigative team reviewed all the material and
unanimously agreed that criminal charges were warranted. None of these statements were
in the probable cause statement.
56.Cowleys attorney filed documents with the court to uncover the participants of the
investigative team. Prior to Cowleys preliminary hearing, Prosecutor Nakamura
identified the team as Detectives Chris Dowland, David Greco, Chris Kotrodimus, Mike
Hardin, and Sgt. Jason Jones.
57. At the preliminary hearing, Greco denied that he was part of the investigative team and
also denied any involvement by his partner, Detective Dowland.
58. Detective Jason Jones filed a sworn affidavit at the preliminary hearing that he was never
part of a panel and that Gills statement regarding the 5-person panel was false.
59. On September 11, 2014, Cowleys attorneys interviewed Detective Kotrodimos. In the
presence of Prosecuting Attorney Langdon Fisher, Kotrodimos admitted the D.A.s office
provided material to himself and Detective Mike Hardin. Kotrodimos admitted Hardin
was transferred weeks later and did not review the material nor render an opinion.
13

Kotrodimus later reiterated these comments in his testimony at the preliminary hearing,
where Kotrodimos also testified that he never reviewed the documents with a committee
but simply with Blake Nakamura, lead prosecutor on the case.
60. Detective Greco drafted the probable cause statement. At the preliminary hearing on
October 6th, 2014, Greco testified that Cowley was put in a pinch point by Willard and
that discharging his firearm was justified.
61. The criminal case was dismissed at the preliminary stage of litigation because prosecutors
could not meet the probable cause standard.
62. Cowley returned to work at the WVPD in June, 2015. Upon returning to work, police
management sent an email to other police officers in the WVPD acknowledging that
Cowley had returned to work but that the Cowley issue was far from over. Cowley faced
a hostile work environment upon returning to his former post and quit three days after
reinstatement.
FIRST CAUSE OF ACTION
42 U.S.C. 1983 for Violation of Cowleys Right to Freedom from Unreasonable Searches and
Seizures against West Valley City Police Department and John Coyle
63. Cowley re-alleges and incorporates by reference all preceding paragraphs.
64. Cowlely claims damages under 42 U.S.C. 1983 for the injuries set forth above against
Defendants for violations of Cowleys constitutional rights to freedom from unreasonable
searches and seizures.
65. Cowley had an expectation of privacy to the contents of his personal locker located
within the police department. This expectation of privacy was further secured by police
department policy that prohibited searches of lockers where the occupant is not present if
14

no warrant has been issued.

66. The West Valley Police Department, through Lieutenant John Coyle and Sergeant
Johnson, acted under the color of law when it cut the lock then searched and seized the
contents of Cowleys locker.
67. Coyles and Sergeant Johnsons search and seizure of Cowleys locker violated Cowleys
fourth amendment constitutional right.
68. As a direct and proximate result of Defendants actions, Cowley has suffered severe and
substantial damages.
SECOND CAUSE OF ACTION
42 U.S.C. 1983 for Violation of Fourteenth Amendments Right to Due Process Against West
Valley City, West Valley Police Department, Wayne Pyle, Buzz Nielsen, Lee Russo, David
Greco, Philip Quinlan, Michael Powell, John Coyle, and Anita Schwimmer.
69. Cowley re-alleges and incorporates by reference all preceding paragraphs.
70. Cowley claims damages under 42 U.S.C. 1983 against defendants for violations of
Cowleys procedural due process rights to a fair procedure prior to depriving Cowley of
his proprietary right to his employment.
71. Cowley did not receive due process prior to his termination on September 12th, 2013.
72. West Valley City, West Valley Police Department, and the enumerated defendants were
acting under the color of law when they involved themselves in Cowleys termination
hearing and appeal.
73. West Valley City and West Valley Police Department, through officers and employees
Wayne Pyle, Buzz Nielsen, Lee Russo, David Greco, Philip Quinlan, Michael Powell,
John Coyle, and Anita Schwimmer, unlawfully involved themselves in Cowleys
termination hearing and appeal.
15

74. Defendants unlawfully (as detailed above) fabricated evidence, withheld evidence,
altered the termination proceeding mid-appeal, tampered with witnesses, and influenced
the Hearing Officer in an attempt to terminate Cowley.
75. Defendants involvement in Cowleys termination proceeding and appeal deprived
Cowley of his constitutional right to a fair proceeding prior to deprival of his
employment.
76. As a direct and proximate result of Defendants actions, Cowley has suffered severe and
substantial damages.
THIRD CAUSE OF ACTION
42 U.S.C. 1983 for Violation of Plaintiffs Substantive Due Process Rights to a Hearing
prior to Termination against West Valley City, West Valley Police Department, Lee Russo,
and Philip Quinlan
77. Cowley re-alleges and incorporates by reference all preceding paragraphs.
78. Cowley claims damages under 42 U.S.C. 1983 against Defendants for violations of
Cowleys constitutional rights to substantive due process through Cowleys constructive
termination which deprived Cowley of his employment.
79. Cowley had a property right to his employment as a police officer.
80. Defendants were acting under the color of law when they attempted to terminate Cowley
and later when Defendants created a hostile work environment for Cowley upon his
return.
81. West Valley City and the WVPD attempted to scapegoat Cowley for violations within the
Neighborhood Narcotics Unit. Amongst many acts of misconduct, WVC and the WVPD
fabricated evidence, withheld evidence, and altered the administrative process by
disbanding the Civil Service Commission in the middle of Cowleys appeal in order to
16

terminate Cowley. Those attempts ultimately failed and Cowley was allowed to return to
the police department.
82. It became obvious that WVPD would continue in its efforts to defame and terminate
Cowley when the police department sent out an email regarding Cowley, stating the
Cowley issue was far from over.
83. Upon information and belief, Deputy Chief Quinlan and Police Chief Russo were
responsible for the departments harsh environment towards Cowley upon his return.
84. Rather than continue in that environment, Cowley resigned from WVPD.
85. Management was so hostile that the working conditions would be considered intolerable
by a reasonable person.
86. Because the working conditions were intolerable, Cowleys resignation constitutes a
constructive discharge.
87. While acting under the color of law, Defendants subjected Cowley to the loss of his
employment without notice or a hearing.
88. Defendants harassment resulted in Cowleys constructive discharge.
89. As a direct and proximate result of Defendants actions, Cowley has suffered severe and
substantial harm.
FOURTH CAUSE OF ACTION
42 U.S.C. 1983 for Violation of Plaintiffs Equal Protection Rights under the Fourteenth
Amendment against West Valley City, West Valley Police Department, and Wayne Pyle
90. Cowley re-alleges and incorporates by reference all preceding paragraphs.
91. Cowley claims damages under 42 U.S.C. 1983 against Defendants for violations of
Cowleys constitutional right to equal protection through Defendants attempts to
17

terminate Cowley for violations that were common with the Neighborhood Narcotics
Unit. Cowley was terminated where other officers who committed similar transgressions
received substantially lesser punishments.
92. Defendants were acting under the color of law when determining Cowleys punishment
for mishandling evidence.
93. The mishandling of evidence was common within the Neighborhood Narcotics Unit due
to the NNU officers being under-trained and under-manned.
94. Many officers within the NNU violated evidence processing procedure. Officers that
committed these violations received letters of reprimand or short suspensions.
95. After Cowley presented his case at his termination hearing, the Hearing Officer informed
Cowley off-the-record that the Officer was leaning towards recommending a 30-day
suspension as Cowleys punishment. This penalty, while harsh, would have been in line
with penalties issued to other officers who had committed similar transgressions.
96. Upon information and belief, West Valley City manager Wayne Pyle influenced the
Hearing Officer, forcing the Hearing Officer to recommend termination.
97. Cowley was terminated from his position. Cowley was dealt a significantly harsher
punishment for mishandling of evidence than was received by officers in a similar
position. The significantly harsher punishment violated Cowleys right to equal
protection under the law.
98. As a direct and proximate result of Defendants conduct, Cowley has suffered severe and
substantial harm.

18

FIFTH CAUSE OF ACTION

Abuse of Process against West Valley City, West Valley Police Department, Buzz Nielsen,
Anita Schwimmer, Lee Russo, Wayne Pyle, and Philip Quinlan
99. Cowley re-alleges and incorporates all preceding paragraphs.
100.

Defendants withheld exculpatory evidence from Cowley regarding the policy and

training within the police department in an attempt to drag out the appeal of the
termination and further harm Cowleys public image.
101.

Defendants combined the administrative proceedings with a criminal investigation

in an attempt to abuse Garrity interviews to circumvent Cowleys right to avoid selfincrimination.

102.

Defendants disbanded the Civil Service Commission in the middle of Cowleys

appeal when Defendants deemed the commission was leaning in Cowleys favor. The
purpose was to choose an ALJ which would be more favorable to the police department.
The disbandment of the Civil Service Commission extended the appeal process an
additional six months, preventing Cowley from returning to work.
103.

Defendants further investigated Cowley criminally for the death of Danielle

Willard and brought charges before Gill without probable cause for criminal charges.
Upon information and belief, Defendants pressured Gill to bring charges against Cowley
in order to further scapegoat Cowley for the failures of the Neighborhood Narcotics Unit.
104.

Through these acts, Defendants abused the judicial process to injure Defendants

reputation in the community and to scapegoat Defendant as the reason behind the failures
between the Neighborhood Narcotics Unit.
105.

As a direct and proximate result of Defendants conduct, Cowley has suffered

19

severe and substantial harm.

SIXTH CAUSE OF ACTION
Malicious Prosecution Against West Valley City, Salt Lake County, West Valley Police
Department, Buzz Nielsen, Anita Schwimmer, Lee Russo, Philip Quinlan, and David Greco.
106.

Cowley re-alleges and incorporates by reference all preceding paragraphs.

107.

Defendants initiated criminal charges against Cowley for Danielle Willards death

through their investigation and subsequent proposal before District Attorney Sim Gill.
108.

David Greco drafted the probable cause statement in which he claimed Cowley

was unjustified in using his weapon. At the preliminary hearing, David Greco testified
that Cowley was put in a linchpin position and that Cowley was justified in discharging
his gun.
109.

Defendants lacked probable cause to commence and pursue criminal charges

against Cowley.
110.

Defendants further conducted a negligent investigation into the facts surrounding

Danielle Willards death.

111.

Cowleys criminal case was dismissed due to the States failure to demonstrate

probable cause.
112.

Defendants investigated and brought criminal charges against Cowley with the

malicious purpose of scapegoating Cowley for the failures at the Neighborhood Narcotics
Unit.
113.

As a direct and proximate result of Defendants conduct, Cowley has suffered

severe and

20

substantial harm.
SEVENTH CAUSE OF ACTION
Violation of Utah Code Ann. 67-21-3 Against West Valley City, West Valley City Police
Department, Wayne Pyle, Buzz Nielsen, Lee Russo, David Greco, Philip Quinlan, Michael
Powell, John Coyle, and Anita Schwimmer.
114.Cowley re-alleges and incorporates by reference all preceding paragraphs.
115.Cowley claims damages under Utah Code Ann. 67-21-3 resulting from Defendants
adverse actions following Cowleys good faith communication of violations within the
WVPDs narcotics unit.
116.Cowley communicated in good faith with a managing officer regarding prevalent
mishandling of evidence within the narcotics unit.
117.In response to Cowleys communication, the WVPD sought to have Cowley dismissed.
Dismissal constitutes an adverse action.
118.Wayne Pyle, Buzz Nielsen, Lee Russo, David Greco, Philip Quinlan, Michael Powell,
John Coyle, and Anita Schwimmer were all involved in WVC and WVPDs crusade to
dismiss and terminate Cowley.
119.When Cowley returned to his position in the police department, management was so
hostile that the working conditions would be considered intolerable by a reasonable
person.
120.Because the working conditions were intolerable, Cowleys resignation constitutes a
constructive discharge.
121.As a direct and proximate result of Defendants actions, Cowley has suffered severe and
substantial harm.

21

EIGHTH CAUSE OF ACTION

Defamation against Philip Quinlan and Sim Gill
122.Cowley re-alleges and incorporates all preceding paragraphs.
123.Following the death of Danielle Willard, Philip Quinlan made defamatory and malicious
tatements that Cowley was a murderer and that, according to the bullets trajectories,
Cowley must have shot Willard from inside the car.
124.On August 1, 2013 Sim Gill held a press conference where Gill stated Cowley was not
justified in discharging his weapon in the Danielle Willard incident.
125.On June 19, 2014, after criminal charges of manslaughter had been filed against Cowley,
Gill held a press conference where he stated: Based on the evidence that was available
to them (investigative team) it was the unanimous decision of the investigative team
that criminal charges were warranted in the shooting of Danielle Willard. When
questioned by reporters, Gill stated the investigative team consisted of five fellow
officers who had reviewed all the material and unanimously agreed that criminal charges
were warranted.
126.None of the enumerated statements made by Philip Quinlan or Sim Gill were true.
127.The statements were published orally to the public.
128.The statements were not subject to privilege.
129.The statements were made negligently.
130.As a direct and proximate result of Defendants statements, Cowley suffered severe and
substantial damages.

22

NINTH CAUSE OF ACTION

Intentional Infliction of Emotional Distress against All Defendants
131.Cowley re-alleges and incorporates all preceding paragraphs.
132.Defendants previously detailed conduct was extreme and outrageous.
133.Defendants acted intentionally and or recklessly in their attempts to scapegoat Cowley,
build a case against Cowley, and harm his public image.
134.Defendants conduct was the direct and proximate cause of Cowleys harm.
135.Cowley suffered severe emotional distress.
PRAYER FOR RELIEF
WHEREFORE, Plaintiff prays for judgment against Defendants as follows:
1. Actual damages in an amount in accordance with the proof at the time of trial;
2. For physical pain and suffering, emotional distress, mental anguish, sleeplessness,
impaired earning capacity, and loss of enjoyment of life and/or any other damages
allowed by law;
3. For punitive and exemplary damages against Defendants in an amount to be
determined by jury;
4. For interest allowed by law;
5. For costs;
6. For reasonable attorney fees, pursuant to 42 U.S.C. 1988; and
7. For other such relief as this Court finds just and proper, to include but not be
limited to declaratory judgment and/or injunctive relief, barring West Valley City
and West Valley Police Department and its officers and employees from similar
23

misconduct in the future.

DATED this 22nd day of February, 2016.
AYRES LAW FIRM
/s/_Tyler_B. Ayres___________________
Tyler B. Ayres
Attorneys for Plaintiff Shaun Cowley

24