Utah 1983 Law

Chanetlle Jones v. City of Sarasota Springs

Salt lake City, Utah personal injury laweyrs represented the Plaintiff who soed on a 42 U.S.C. 1983 civil rights violation theory.... More...

$1 (10-20-2025 - UT)

Whitney Croft, et al. v. Morgan County, et al.

Salt Lake City, Utah civil rights lawyers represented the Plaintiffs who sued the Defendants on civil rights violation theories under 42 U.S.C. 1983. This case was filed in the 2nd Judicial District Court, Morgan County, 230500113, and was removed to federal court by the Defendants. Plaintiffs were registered voters and residents of Morgan County who filed an application to submi... More...

$0 (01-31-2024 - UT)

Ryan Darley Maughan v. Salt Lake County Jail

Salt Lake City, Utah Pro Se Plaintiff without a lawyer filed a civil rights lawsuit against the Salt Lake County Metro Jail Complaint: (a) lumps together Defendants' allegedly unconstitutional behaviors, instead of separately affirmatively linking each individual defendant to each dated and specific individual allegation of a civil-rights violation. (See below.) <br... More...

$0 (05-11-2023 - UT)

Alyssa Aguila v. Planned Parenthood of Utah and Adriana Rodriguez Navarro

Salt Lake City, Utah personal injury lawyer sued Defendants on negligence and breach of fiduciary theories claiming that Navarro-a medical assistant at Planned Parenthood-had publicized Aguila's private health information and that Planned Parenthood was vicariously liable for Navarro's actions. Aguila also made direct claims against Planned Parenthood for negligent hiring, training, and supervisio... More...

$0 (05-11-2023 - Ut)

Cynthia Stella v. Davis County, Utah, et al.

Salt Lake City, Utah personal injury lawyer represented Plaintiff, who sued Defendants on civil rights wrongful death theories under 42 U.Sc. 1983 claiming that her daughter died as a result of deliberate indifference on the part of employees of Davis County Utah. Heather Ashton Miller, age 28, fell from her top bunk at the jail and ruptured her spleen, but received no medical care. <... More...

$8000000 (11-14-2022 - UT)

Cynthia Stella v. Davis County

Salt Lake City, Utah civil rights lawyers represented Plaintiff, who sued Defendant on a prisoner civil rights violation wrongful death theory. Cynthia Stella, individually and on behalf of The Estate of Heather Miller, deceased, sued Davis County Utah on a 1983 prisoner civil rights theory claiming that Heather Miller died as a direct result of deliberate indifference. Ms. ... More...

$0 (07-26-2022 - UT)

United States of America v. Xlear and Nathan Jones

Salt Lake City, Utah criminal defense lawyer represented defendant charged with a felony. Defendants move to amend their Answer for two reasons. First, Defendants seek to add "scientific support for the statements at issue in this litigation.â€ (ECF No. 22 p. 2.) Second, Defendants "wish to clarify that they are raising a First Amended / retaliation defense.â€ Id. Plaintiff... More...

$0 (07-08-2022 - UT)

Exotic Smoke & Vape v. Spencer J. Cox

Salt Lake City, Utah civil litigation lawyer represented Plaintiff, who sued the State of Utah on a regulatory taking theory. In March 2021, Utah enacted Senate Bill 189, the "Tobacco Retailer Amendments.â€ As relevant here, Senate Bill 189 amended Utah Code Â§Â§ 10-8-041.6 and 17-50-33 to prohibit the operation of a "Retail tobacco specialty businessâ€ within "1,000 fe... More...

$0 (06-28-2022 - UT)

Meagan Deadrich v. Salt Lake County, Rosie Rivera

Salt Lake City, Utah civil rights lawyer represented Plaintiff, who sued Defendants on a Constitutional rights violation pursuant to 42 U.S.C. 1983 individually and on behalf of the Estate of Unborn Baby Deadrich. The claims made and defenses asserted by the parties are not available.... More...

$0 (11-15-2021 - UT)

Judith Pinborough Zimmerman v. University of Utah

Salt Lake City, UT: Civil rights lawyer represented Plaintiff, who sued Defendant on on a Utah Whistleblower Act theory. Plaintiff Dr. Judith Pinborough Zimmerman, by and through her undersigned counsel, hereby files this Motion for Attorneys' Fees. Because Dr. Zimmerman prevailed on her claim under the Utah Whistleblower Act against the University of Utah, she is entitled to ... More...

$0 (09-05-2018 - UT)

Conrad Truman v. Orem City, et al. </h1>

Conrad Truman sued state prosecutor Craig Johnson and various Orem City police officers for violating his civil rights by fabricating evidence that was used against him in a murder prosecution. Mr. Truman was prosecuted twice for the murder of his wife. According to Mr. Truman's complaint, the prosecution knowingly falsified measurements of the murder scene to rule out the possibil... More...

$0 (06-04-2021 - UT)

Steve Ray Evans v. Sandy City, et al.

In 2016, the Sandy City, Utah city council adopted an ordinance making it illegal for any person ï¿½to sit or stand, in or on any unpaved median, or any median of less than 36 inches for any period of time.ï¿½ Sandy City Traffic Code, Article 16, Section 299.1 (the Ordinance). After the Sandy City council adopted the Ordinance, Plaintiff- Appellant Steve Ray Evans received fo... More...

$0 (12-03-2019 - UT)

Angela Tandy-Trammell v. Sgt. Austin Edwards, Officer Makolson Antoine and the City of Pleasant Grove

<center> <h1> <a href="http://www.callmorelaw.com" target="_new">MoreLaw Virtual Receptionists</a> Nosotros hablamos español </h1> </center> Salt Lake City, UT - Angela Tandy-Trammell sued Sgt. Austin Edwards, Officer Makolson Antoine and th... More...

$0 (04-22-2019 - UT)

Larry Drake Hansen v. Salt Lake City Corporation

<center> <img width="300" src="https://www.gsa.gov/ephox_images/slcCourthouse-blurred-large_1396391063940.jpg"> </center> Larry Drake Hansen, proceeding pro se, appeals the district court’s judgment dismissing his civil rights action under Fed. R. Civ. P. 12(b)(6) and its order denying his post-judgment motion under Fed. R. Civ. P. 60(a) and (b). Exercising jurisdiction<... More...

$0 (03-05-2019 - UT)

Charles Payan v. United Parcel Services; Charles Martinez

Charles Payan appeals the district court’s grant of summary judgment in favor of United Parcel Service (“UPS”) in relation to his claims for racial discrimination and retaliation arising under Title VII and 42 U.S.C. § 1981, as well as his state law claims for breach of contract and breach of the covenant of good faith and fair dealing. Exercising jurisdiction pursuant to 28... More...

$0 (10-10-2018 - UT)

Marcia Eisenhour v. Weber County, et al.

Plaintiff Marcia Eisenhour worked for 24 years as a court administrator for the Weber County Justice Court. In 2008, when her supervisor was Judge Craig Storey, the only judge of that court, she complained to the county attorney about sexual harassment by Storey. The matter was referred to Utah’s Judicial Conduct Commission, which found no misconduct. Eisenhour then went public in 2009, and the ... More...

$0 (07-30-2018 - UT)

United States of America, ex rel. Gerald Polukoff v. St. Marks Hospital, et al.

This is a qui tam action alleging violations of the False Claims Act (“FCA”), 31 U.S.C. §§ 3729–33, involving fraudulent reimbursements under the Medicare Act, 42 U.S.C. §§ 1395–1395ccc. Plaintiff Gerald Polukoff, M.D., is a doctor who worked with Defendant Sherman Sorensen, M.D. After observing some of Dr. Sorensen’s medical 3 practices, Dr. Polukoff brought this... More...

$0 (07-10-2018 - UT)

Silvan Warnick v. Bradford Cooley; Robin Wilkins; Ethan Rampton; Mark Knighton; Jeffrey Hall

Silvan Warnick brings this 42 U.S.C. § 1983 malicious prosecution case and a number of state law tort claims against several Salt Lake County prosecutors and investigators. He claims he was falsely accused of tampering with evidence that led to the filing of criminal charges against him that were later dismissed. The district court granted the defendants’ motion to dismiss, ... More...

$0 (07-10-2018 - UT)

Xlear, Inc. v. Focus Nutrition, LLC

Xlear, Inc. and Focus Nutrition, LLC are both in the business of selling sweeteners that use the sugar alcohol xylitol. Xlear filed a complaint raising a trade 2 dress infringement claim under the Lanham Act, a claim under the Utah Truth in Advertising Act (UTIAA), and a claim under the common law for unfair competition. The claims all alleged that Focus Nutrition copied the pa... More...

$0 (06-30-2018 - UT)

Sherida Felders v. Brain Bairett and Jeff Malcom

This is a 42 U.S.C. § 1983 case; the single issue presented involves the costs to be awarded Plaintiffs after they prevailed at trial against Defendant Brian Bairett. Ordinarily prevailing parties can recover litigation costs from their opponent. See Fed. R. Civ. P. 54(d)(1). But Fed. R. Civ. P. 68 allows “a party defending against a claim” to limit his liability for the other... More...

$0 (03-10-2018 - UT)

Timothy Redmond v. Scott Crowther

This appeal arises from prison officials’ attempt to gain control over an agitated prisoner who refused to obey their orders, locked himself in the prison’s outdoor recreation yard, and threatened prison officials. To subdue the prisoner, prison officials decided to drop CS gas, a commonly used tear gas, into the recreation yard. The plan went awry. The recreation yard cont... More...

$0 (02-10-2018 - UT)

Judith Pinborough Zimmerman, Ph.D. v. University of Utah and Dr. William McMahon

¶1 This case comes to us on certification from the United States District Court for the District of Utah. UTAH R. APP. P. 41. The certified questions are as follows: 1. Is the Free Speech Clause of the Utah Constitution self-executing? 2. If question 1 is answered in the affirmative, what are the elements of a claim brought under the clause? 3. Does an employee who receives notice that his or... More...

$0 (02-05-2018 - UT)

Michael Anthony Whitesell v. Bruce O. Burnham

This appeal involves an action under 42 U.S.C. § 1983 by Mr. Michael Whitesell. Mr. Whitesell served two stints in prison: one in 2010 and another in 2013. In his first prison term, he allegedly encountered deliberate indifference to a serious medical condition and eventually sued. * The parties do not request oral argument, and we do not believe that oral argument would be he... More...

$0 (12-10-2017 - UT)

STATE OF UTAH v. MICHAEL WADDELL JOHNSON <table> <td>

Michael Johnson was charged and tried for murder. At trial, Mr. Johnson requested an instruction for the lesser offense of homicide by assault. The trial court agreed and stated on the record that it would use the homicide by assault instruction submitted by Mr. Johnson. ¶3 The jury returned a guilty verdict on the murder charge, and Mr. Johnson appealed his conviction to the court of appeals. ... More...

$0 (11-26-2017 - UT)

STATE OF UTAH v. BENJAMIN DAVID RETTIG <table> <td>

In November 2009, Benjamin Rettig and Martin Bond traveled from Vernal, Utah, to the home of Kay Mortensen in Spanish Fork, Utah.1 Mortensen owned a large supply of firearms that were located in a “bunker” behind his home. Bond and Rettig traveled to his home with the intent to steal some of his firearms. The two entered Mortensen’s home with a handgun while wearing ski masks and latex glove... More...

$0 (11-26-2017 - UT)

State of Utah v. Chadley Keith Calvert

¶1 Chadley Keith Calvert appeals his convictions for aggravated assault, a third degree felony, and for threatening with or using a dangerous weapon in a fight or quarrel, a class A misdemeanor. Calvert contends that his trial counsel provided constitutionally ineffective assistance in failing to raise arguments related to double jeopardy and that the trial court exceeded its discretion in admitt... More...

$0 (11-20-2017 - UT)

Ryan Harvey v. Ute Indian Tribe of the Uintah and Quray Reservation, et al.

¶1 The oil and gas industry is a major economic force in the Uintah Basin. This industry relies, to some extent, on access to the Uintah and Ouray Reservation of the Ute Indian Tribe. The plaintiffs allege that, through its ability to restrict the industry’s access to tribal lands, the tribe has held hostage the economy of the non-Indian population. ¶2 Ryan Harvey, a plaintiff and part own... More...

$0 (11-07-2017 - UT)

Lynn D. Becker v. Ute Indian Tribe of the Uintah and Ouray Reservation

The Ute Indian Tribe of the Uintah and Ouray Reservation1 appeals a preliminary injunction ordering it not to proceed with litigation in tribal court against a nonmember former contractor, Lynn Becker. The district court ruled that although the parties’ dispute would ordinarily come within the tribal court’s jurisdiction, their Independent Contractor Agreement (the Contract) wa... More...

$0 (08-25-2017 - UT)

Ute Indian Tribe of the Uintah and Ouray Reservations v. Honorable Barry G. Lawrence

This appeal arises from a contract dispute between Lynn Becker and the Ute Indian Tribe of the Uintah and Ouray Reservation.1 Our concern, however, is not the merits of the dispute but jurisdiction. Mr. Becker, who is not an Indian, pursued his claim against the Tribe in Utah state court. The Tribe responded by filing suit in the United States District Court for the District of Uta... More...

$0 (08-25-2017 - UT)

Carole Marziale and James Marziale v. Spanish Fork City

¶ 1 This appeal requires us to decide whether a credit card error that caused Carole and James Marziale’s complaint against Spanish Fork City (the City) to be rejected means that their complaint and the attached undertaking were not timely filed. We affirm the court of appeals and hold that the payment error did not affect the timeliness of the Marziales’ filing. MARZ... More...

$0 (08-22-2017 - UT)

Natealie Heslop v. Bear River Mutual Insurance Company

¶1 Natalie Heslop (Heslop) rolled her truck down an embankment. She told the responding police officer, her family, and medical personnel that the accident had been a suicide attempt. Ten days after the crash, she told an insurance adjuster that her “mind wasn’t right,” she had taken “too many pills” the day before the crash, and that the crash was “pretty much a suicide attempt.” H... More...

$0 (01-24-2017 - UT)

Truck Insurance Exchange v. Danny L. Rutherford

¶ 1 Danny Rutherford suffered extensive injuries when the work van he was driving was hit by a vehicle that had run a red light. Mr. Rutherford sought compensation from both his employer‘s workers‘ compensation insurer and Truck Insurance Exchange (TIE), which provides Mr. Rutherford‘s employer with underinsured motorist coverage. Mr. Rutherford seeks double recovery, arguing that Utah Code... More...

$0 (04-27-2017 - UT)

Jesus Monarrez v. Utah Department of Transportation

¶ 1 We granted certiorari in this case to decide whether the court of appeals correctly determined that the Utah Governmental Immunity Act (GIA) barred Jesus Monarrez‘s claims. Mr. Monarrez, after being injured when forced to stop suddenly near a construction crew on a Utah road, attempted to bring a negligence claim against the Utah Department of Transportation (UDOT) and several unnamed &#82... More...

$0 (03-09-2016 - UT)

James Harvey Jordan v. Eddie R. Jensen

¶ 1 Here, we consider whether Utah Code section 78B-2-206 bars a challenge to a tax title based on a tax sale effected without notice to an interested party. On May 25, 2000, Uintah County conducted a tax sale, yet failed to provide the record mineral interest owners notice of the sale. Now, over a decade later, the purchaser of the tax title and the individuals who were the record owners of the ... More...

$0 (01-11-2017 - UT)

Ute Indian Tribe of the Uintah and Ouray Reservations v. Myton

We’re beginning to think we have an inkling of Sisyphus’s fate. Courts of law exist to resolve disputes so that both sides might move on with their lives. Yet here we are, forty years in, issuing our seventh opinion in the Ute line and still addressing the same arguments we have addressed so many times before. - 2 - Thirty years ago, this court decided all boundary disputes... More...

$0 (08-30-2016 - UT)

UNITED STATES OF AMERICA v. GEORGE BADGER

The government appeals only the district court’s ruling that it cannot proceed on its reverse-piercing alter-ego theory.1 The court essentially ruled that the government had failed to state a claim, regardless of the truth of its allegations. For the purposes of this appeal, we therefore take the allegations of the government’s complaint (the Complaint) as true, see Gee v... More...

$0 (03-26-2016 - UT)

Jones v. Norton

This case arises from the death of Ute Tribe member Todd R. Murray on April 1, 2007, following a police pursuit. Murray’s parents Debra Jones and Arden Post, on behalf of themselves and Murray’s estate, brought a 13-count complaint in the district court alleging various constitutional violations under 42 U.S.C. § 1983, conspiracy to violate civil rights under 42 U.S.C. § 198... More...

$0 (12-29-2015 - UT)

State of Utah v. Bond

A jury convicted Martin Bond of several heinous crimes, including aggravated kidnapping and aggravated murder. Mr. Bond challenges his convictions on three grounds. First, he argues the prosecutor committed misconduct by calling Benjamin Rettig, Mr. Bond’s codefendant, to testify when Mr. Rettig had indicated an intention to invoke his Fifth Amendment privilege against self-incrimination an... More...

$0 (10-14-2015 - UT)

Flowell v. Rhodes

On May 20, 2002, Mr. Wade and Darrin Rhodes went to service the Sundown Well, which is located in Meadow, Utah.2 In 1 Mr. Wade and his wife first filed the tort suit against FEA. They added Dixie as a defendant after learning that the utility employees involved in the accident were leased by Dixie to FEA. 2 In evaluating cross-motions for summary judgment, we recite the facts in the light mo... More...

$0 (09-26-2015 - UT)

Helf v. Chevron

Chevron operates an oil refinery near Salt Lake City. The refinery contains a concrete-lined, open-air pit that is used to process various liquid and solid waste products from the refinery. One of the liquid waste products collected in the pit is mildly acidic steam condensate from the refining process, which continuously flows into the pit. Before the pit is emptied, workers ensure that the pH le... More...

$0 (09-14-2015 - UT)