United States District Court, D. Kansas
JACQUELINE PARKE, as mother and Special Administrator of the Estate of Tayler Rock, deceased, and on behalf of minor Heirs-at-Law of Tayler Rock, deceased, Plaintiff,
v.
COWLEY COUNTY, ET AL., Defendants.
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 ...