Parke v. Cowley County

          MEMORANDUM AND ORDER

          J. Thomas Marten Chief United States District Judge

         This action arises out of a fatal shooting of Tayler Rock by defendant Cowley County Sheriff's Deputy Steven Deill. Plaintiff Jacqueline Parke, Rock's mother, alleges among other things, defendants Ana Bedolla and Shea Casurole conspired with Deputy Deill to have Rock stopped, arrested, and possibly injured in order to win their respective child custody and visitation battles with Rock. Before the court is defendant Bedolla's motion to dismiss the claims against her pursuant to Rule 12(b)(6) of the Federal Rules of Civil Procedure. Dkt. 45. For the reasons stated below, the court denies the motion.

         I. Factual Allegations

         Plaintiff alleged the following non-conclusory, factual allegations regarding Bedolla:

         10. [Bedolla was an officer with the Cowley County Sheriff Department of Corrections at all times relevant to this action. One week after the shooting of Tayler Rock, Defendant Cowley County fired her as a corrections officer based upon information discovered during the investigation of the shooting.]

         23. Rock^[1] and Defendant Bedolla … have [a daughter (AR) together].

         24. [In 2014, ] Rock and Defendant Bedolla were embroiled in a custody battle over AR, with Rock having physical custody of AR.

         25. Defendant Bedolla had some type of relationship with Defendant Deill.

         27. In February 2014, Defendant Deill contacted the Arkansas City Police Department (“ACPD”) on behalf of Defendant Bedolla in an effort to get Rock arrested but was told that the Captain of ACPD said nothing was going to be done.

         28. Defendant Bedolla then emailed Cowley County Sheriff Don Read and Deputy Jeff Moore on February 15, 2014, complaining that ACPD refused to do anything and asking for their assistance.

         29. In March 2014, Detective McKee with the ACPD received an “anonymous” tip that Rock was “dealing drugs.” ACPD . . . with Cowley County Sheriff's Department Drug Task Force then raided Rock's home and allowed Bedolla to come to the residence and take AR because of a marijuana stem found at his residence.

         31. In the weeks prior to the shooting, Rock told others that Defendant Bedolla stated she could have him shot and killed by Cowley County Deputies.

         32. Rock and Defendant Casurole … have [a daughter (SR) together].

         35. Defendants Bedolla and Casurole communicated with each ...