Clyde M. Lawson v. Andrew Hulm, et al.

Andrew Hulm and Darron Hanzlik, Troopers with the South Dakota Highway
Patrol, appeal the district court's denial of their motion for summary judgment. We
conclude that the Troopers were entitled to qualified immunity in this case.

This action involves an incident which occurred on April 10, 1998, at around
noon, on a sidewalk in front of B.B. Cody's Restaurant in Deadwood, South Dakota.
Clyde Lawson was employed by a gaming establishment located next door to B.B.
Cody's. On the day in question, a co-employee had brought a chicken to share for
lunch but there was no suitable knife on the premises to cut up the chicken. Lawson
went to B.B. Cody's and borrowed a small knife which was approximately six inches
long including its four inch handle. Lawson exited B.B. Cody's with his arms at his
side and the knife concealed in the palm of his right hand.

At the same time Lawson exited B.B. Cody's, three uniformed Troopers with the
highway patrol were leaving the same restaurant where they had been eating lunch.
The first to exit was Trooper Troy Boone who had a drug dog with him. Lawson
contends that the dog caught his attention and he approached Boone to talk with him.
Boone did not see the knife Lawson was carrying but backed away as Lawson walked
toward him. Lawson concedes that Boone retreated and surmises that it was because
he was invading Boone's personal space.

Troopers Hulm and Hanzlik exited B.B. Cody's about a minute after Trooper
Boone. Trooper Hanzlik observed Lawson talking to Trooper Boone. Lawson was not
known to any of the Troopers. Troopers Hulm and Hanzlik both observed the knife
in Lawson's hand and Trooper Boone backing away from Lawson. Boone's arms were
crossed in a defensive position. It appeared to Troopers Hulm and Hanzlik that
Lawson was attempting to conceal the knife. In Trooper Hanzlik's opinion, it presented
a dangerous and threatening situation and reminded him of another trooper who's throat
had been cut a few years back. In Trooper Hulm's opinion, Lawson was having a
confrontation with Trooper Boone.

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Click the case caption above for the full text of the
Court's opinion.

We therefore reverse and remand for the entry of such judgment.

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