McCoy v. Crook Cty. Sheriff's Dep't
In McCoy v. Crook Cty. Sheriff's Dep't, 987 P.2d 674 (Wyo. 1999), Hulett police officers stopped an individual for "hot-rodding" around Hulett on a motorcycle.
At the time of the stop, the motorcycle driver was uncooperative and verbally abusive. After calling in backup, the police officer issued four citations to the motorcycle driver but did not arrest him. Subsequent to the police stop, the driver of the motorcycle was involved in a serious accident which ultimately caused his death.
The parents of the deceased motorcycle driver claimed the police officers were negligent for not arresting the decedent at the time of the stop. Id. at 675-76.
The district court granted the defendant's motion for summary judgment. The district court determined that the officers owed no duty to the decedent and the officer's negligence, if any, was not the proximate cause of his death. Id. at 676.
The Court affirmed the decision of the district court to dismiss the respondent's complaint. Id. at 678.