Legal Opinion

Brittany Kay Kummer v. Brian Embley, in his individual capacity

District Court, D. Utah

Decided February 19, 2026No. 2:25-cv-00548Unknown

1Opinion

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF UTAH BRITTANY KAY KUMMER, MEMORANDUM DECISION AND Plaintiff, ORDER DENYING DEFENDANT’S MOTION TO DISMISS v. No. 2:25-cv-00548-RJS BRIAN EMBLEY, in his individual capacity, District Judge Robert J. Shelby Defendant. Chief Magistrate Judge Cecilia M. Romero This case arises out of Defendant Officer Brian Embley conducting a traffic stop of Plaintiff Brittany Kay Kummer.1 Before the court is Officer Embley’s Motion to Dismiss.2 For the reasons explained below, the court DENIES the Motion. BACKGROUND3 On March 21, 2024, Kummer met a friend…

2Cases cited30 opinions

  1. Ashcroft v. IqbalSupreme Court of the United States · 2009
  2. Terry v. OhioSupreme Court of the United States · 1968
  3. Pearson v. CallahanSupreme Court of the United States · 2009
  4. Tolan v. CottonSupreme Court of the United States · 2014
  5. Robbins Ex Rel. Robbins v. Oklahoma Ex Rel. Department of Human ServicesCourt of Appeals for the Tenth Circuit · 2008

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