Utah Deliberate Indifference Law
 

United States of America v. Gordon Hunter Pedersen

Salt Lake City, Utah criminal defense lawyer represented the Defendant charged with Selling Unproven COVID-19 Cure

Fake Doctor Selling Unproven COVID-19 Cure is Sentenced to 36 Months



A United States District Court Judge sentenced a... More...
   $0 (07-30-2024 - UT)

United States of America v. Brandon Keith Thompson

Salt Lake City, Utah Criminal Defense Lawyer represented the Defendant charged with Illegally Possessing an Officer’s Firearm While Attempting to Avoid Arrest



Brandon Keith Thompson, 43, of Salt Lake County, Utah, was sentenced to over nine years imprisonment followed by three years supervised release a... More...
   $0 (01-16-2024 - UT)

Christopher J. Wilson v. Mid-Century Insurance

Salt Lake City, Utah insurance law lawyer represented the Plaintiff who sued the Defendant on a bad faith breach of an insurance contract.

Bad faith breach of an insurance contract occurs when an insurance company unreasonably denies, delays, or underpays a valid claim. This legal concept seeks to protect policyholders from unfair and dishonest practices by insurance companies.

K... More...
   $0 (12-08-2023 - 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)

Jeffrey Hall v. Val Brown, et al.

Salt Lake City, Utah personal injury lawyer represented Plaintiff, who sued Defendants claiming that they violated his civil rights.


Plaintiff Jeff Hall sues Salt Lake Police Department Officers Val Brown and Kevin Murray and the City of Salt Lake, asserting that Officers Brown and Murray deprived him “of his rights protected under the First, Fourth, and Fourteenth Amendments to th... More...
   $0 (08-29-2022 - 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)

Conrad Truman v. Orem City, et al.

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 possib... More...
   $0 (06-04-2021 - UT)

United States of America v. Elet Neilson

Salt Lake City, UT - The United States of America charged Elet Neilson with stealing pain medications from patients.

Elet Neilson, age 53, of Layton, a former emergency room nurse who admitted to tampering with controlled substances intended for patients and diverting the drugs for her own use, will serve 60 months in federal prison.

As a result of the tampering and diversion, ... More...
   $0 (01-30-2020 - UT)

Marcia Eisenhour v. Weber County, et al.

District of Utah Federal Courthouse - Salt Lake City, Utah

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 Utahs Judicial Conduct Commission, which found no misconduct. Eisenhour then went public in 2009, and the pr... More...    $0 (07-30-2018 - UT)

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

District of Utah Federal Courthouse - Salt Lake City, Utah

This is a qui tam action alleging violations of the False Claims Act (FCA), 31
U.S.C. 372933, involving fraudulent reimbursements under the Medicare Act, 42
U.S.C. 13951395ccc. Plaintiff Gerald Polukoff, M.D., is a doctor who worked with
Defendant Sherman Sorensen, M.D. After observing some of Dr. Sorensens medical
3
practices, Dr. Polukoff brought this FCA action, o... More...
   $0 (07-10-2018 - UT)

Timothy Redmond v. Scott Crowther

District of Utah Federal Courthouse - Salt Lake City, Utah

This appeal arises from prison officials attempt to gain control over an
agitated prisoner who refused to obey their orders, locked himself in the prisons
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 containe... More...
   $0 (02-10-2018 - UT)

Michael Anthony Whitesell v. Bruce O. Burnham

Tenth Circuit Court of Appeals Courthouse - Denver, Colorado

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 hel... More...
   $0 (12-10-2017 - UT)

STATE OF UTAH v. MICHAEL WADDELL JOHNSON

Jury returns guilty verdict for Michael Waddell Johnson in 1998 killing

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. H... More...    $0 (11-26-2017 - UT)

Hadley Christensen v. Juab School District

1 Hadley Christensen claims reimbursement pursuant to Utah
Code section 52-6-201, from his former employer, Juab School
District, for attorney fees and costs incurred in a successful defense
against charges of aggravated sexual abuse of a child. The two issues
before us are (1) whether the right to reimbursement attaches based
on the allegations within the information, or unde... More...
   $0 (08-11-2017 - UT)

William Compton, et al. v. Houston Casualty Company

1 This case requires us to determine the scope of the covered profession clause of a Professional Liability Errors & Omissions Insurance policy (Policy). Houston Casualty Company (Houston Casualty) issued the Policy to Utah County Real Estate, LLC (Prudential), a real estate brokerage. While working as a real estate agent for Prudential, Robert Seegmiller approached the plaintiffs in this ac... More...    $0 (03-23-2017 - 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. Bonds codefendant, to testify when Mr. Rettig had indicated an intention to invoke his Fifth Amendment privilege against self-incrimination and,... More...
   $0 (10-14-2015 - UT)

Raymond L. Zisumbo v. Ogden Regional Medical Center

Within a month after Raymond Zisumbo complained to his supervisor at Ogden
Regional Medical Center (ORMC) about alleged race discrimination in the workplace,
2
ORMC investigated Zisumbo for submitting apparently fraudulent letters to his
supervisor months earlier. After confirming that at least one of the letters was falsified,
ORMC terminated Zisumbos employment. Zisumbo sued... More...
   $0 (09-04-2015 - UT)

Kris Solis v. Burningham Enterprises, Inc.

¶1 Kris Solis appeals from a jury verdict in favor of Burningham Enterprises Inc. and Raymond Alan Davis (collectively, Defendants). Solis argues the trial court exceeded its discretion in ruling that she failed to disclose an expert witness and, on this basis, excluded the expert’s testimony. Additionally, Solis argues the trial court exceeded its discretion by refusing to extend the disclosur... More...    $0 (01-15-2015 - UT)

State of Utah v. Theodore James Samul

¶1 Theodore James Samul appeals from an amended sentence
and from the dismissal of his motion to withdraw his 2003 guilty
pleas. We affirm in part and reverse in part and remand.
1. The Honorable Russell W. Bench, Senior Judge, sat by special
assignment as authorized by law. See generally Utah R. Jud. Admin.
11-201(6).
State v. Samul
BACKGROUND
¶2 Samul was charge... More...
   $0 (01-29-2015 - UT)

Peter David Zappe v. Kristie Bulluck

¶1 Kristie Bullock appeals the district court’s entry of a civil
stalking injunction against her. Bullock argues that the district
court’s ruling was not supported by sufficient evidence and that
the district court erred by prohibiting her from impeaching
petitioner Peter David Zappe with evidence of a prior felony
conviction. We affirm.
Zappe v. Bullock
I. Suffici... More...
   $0 (10-23-2014 - UT)

J.D. v. State of Utah

¶1 J.D. (Mother) appeals the order terminating her parental
rights to N.D. and N.D. We affirm.
¶2 “[I]n order to overturn the juvenile court’s decision, the
result must be against the clear weight of the evidence or leave the
appellate court with a firm and definite conviction that a mistake
has been made.” In re B.R., 2007 UT 82, ¶ 12, 171 P.3d 435 (citation
In re... More...
   $0 (11-20-2014 - UT)

State of Utah v. Bradley Fuller

¶1 After police discovered child pornography on Defendant Bradley Fuller‘s computer, he was charged with ten counts of sexual exploitation of a minor, all second-degree felonies. Pursuant to a plea agreement, Mr. Fuller pled guilty to five counts of voyeurism but reserved the right to appeal the trial court‘s order denying his Motion to Suppress. On appeal, he challenges the warrant under the... More...    $0 (07-11-2014 - UT)

State of Utah v. Bradley Fuller

¶1 After police discovered child pornography on Defendant Bradley Fuller‘s computer, he was charged with ten counts of sexual exploitation of a minor, all second-degree felonies. Pursuant to a plea agreement, Mr. Fuller pled guilty to five counts of voyeurism but reserved the right to appeal the trial court‘s order denying his Motion to Suppress. On appeal, he challenges the warrant under the... More...    $0 (07-11-2014 - UT)

State of Utah v. Ernest Rogers

¶1 Reserving the right to appeal the trial court’s decisions, see
State v. Sery, 758 P.2d 935, 938–39 (Utah Ct. App. 1988), Defendant
conditionally pled guilty to five counts of sexual abuse of a child,
see Utah Code Ann. § 76-5-404.1(2)–(4) (LexisNexis 2012). Having
exercised his right to appeal, Defendant asks us to set aside his
guilty pleas on the grounds that the t... More...
   $0 (04-24-2014 - UT)

Salt Lake City v. Thamer Jaber Almansor

¶1 Thamer Jaber Almansor appeals his conviction for misdemeanor sexual battery on three grounds. First, he contends that the trial court committed plain error in failing to adequately question a potential juror, who later became the jury foreperson, during voir dire. Second, Almansor argues that the trial court either abused its discretion or committed plain error when it proceeded to trial despi... More...    $0 (04-24-2014 - UT)

State of Utah v. Idrees Adam Idrees

¶1 Following a jury trial, Defendant Idrees Adam Idrees was
convicted of being an accomplice to murder, a first degree felony,
see Utah Code Ann. § 76-5-203 (LexisNexis 2012), and possession of
a firearm by a restricted person, a second degree felony, see id. § 76-
10-503(2)(a). Defendant appeals only the murder conviction,
arguing that there was insufficient evidence to con... More...
   $0 (04-10-2014 - UT)

State of Utah v. Terrill Dalton

¶1 Defendant Terrill Dalton appeals from his convictions on
two counts of rape, a first degree felony. We affirm.
State v. Dalton
2. “On appeal, we recite the facts from the record in the light most
favorable to the jury’s verdict and present conflicting evidence only
as necessary to understand issues raised on appeal.” State v. Bluff,
2002 UT 66, ¶ 2, 52 P.3d 1210 ... More...
   $0 (03-27-2014 - UT)

State of Utah v. Casey Phillip Perkins

¶1 Defendant Casey Phillip Perkins appeals from the amended
sentence entered after he pleaded guilty to two counts of child
abuse. Perkins advances multiple theories to challenge the entry of
an amended judgment sometime after the original sentence was
entered on the day of the sentencing hearing. We affirm.
State v. Perkins
20111103-CA 2 2014 UT App 60
BACKGROUND
... More...
   $0 (03-20-2014 - UT)

State of Utah v. Jason Kyle Clark

¶1 Defendant Jason Kyle Clark appeals his first degree felony
convictions for various counts of aggravated murder, attempted
aggravated murder, aggravated burglary, aggravated kidnapping,
and aggravated robbery, and his class B misdemeanor conviction
for aggravated cruelty to animals. We affirm on all counts.
State v. Clark
20110206-CA 2 2014 UT App 56
BACKGROUND
... More...
   $0 (03-13-2014 - UT)

State of Utah v. Steven Sulz

¶1 Steven Sulz appeals from the district court’s sua sponte correction of his prison sentence. We affirm.
¶2 Sulz engaged in a series of criminal acts that led to numerous charges in the district court. On November 4, 2010, Sulz pleaded guilty to distribution of or arranging to distribute heroin, a second degree felony, Utah Code Ann. § 58-37-8(1)(b)(i) (LexisNexis 2012), in exchange for ... More...
   $0 (02-21-2014 - UT)

Shawn Jessop v. Sheldon Hardman

¶1 This appeal arises from an accident in which an eightmonth-
old child, Casey Jessop, pulled a hot iron down onto himself
while in the home of his father’s friend. The child’s mother sued the
friend, but the jury found that he was not at fault. The child’s
mother appeals, contending that the verdict was unsupported by
the evidence and was coerced. We affirm.
BACKGR... More...
   $0 (01-30-2014 - UT)

Barbara Wachocki and Rest Easy Adult Day Care Center, Inc. v. Laurel M. Luna; Veronica Grajeda; Kindred Keepers Adult Day Center, LLC; and Kindred Keepers at Home Services, LLC

¶1 Laurel M. Luna; Veronica Grajeda; Kindred Keepers Adult
Day Center, LLC; and Kindred Keepers At Home Services, LLC
appeal the default judgment entered below in favor of Barbara
Wachocki and Rest Easy Adult Day Care, Inc. (Rest Easy). We
affirm in part, vacate in part, and remand this matter to the district
court for further proceedings consistent with this memorandum
de... More...
   $0 (06-19-2014 - UT)

State of Utah v. DAniella Ruiz

¶1 The State charged Daniella Ruiz with depraved indifference murder and reckless child abuse homicide after an infant died in her care and an autopsy revealed that the infant’s
1. The Honorable Judith M. Billings, Senior Judge, sat by special assignment as authorized by law. See generally Utah Code Jud. Admin. R. 11-201(6).
State v. Ruiz
20090466-CA 2 2014 UT App 143
internal i... More...
   $0 (06-19-2014 - UT)

State of Utah v. Michael Waddell Johnson

¶1 Michael Waddell Johnson appeals from a conviction of
murder, a first-degree felony, following a jury trial in March 2010.
We reverse and remand.
State v. Johnson
2. “We relate the facts in the light most favorable to the jury’s
verdict.” See State v. Litherland, 2000 UT 76, ¶ 2, 12 P.3d 92.
20100393-CA 2 2014 UT App 161
BACKGROUND
¶2 The deceased (Decede... More...
   $0 (07-03-2014 - UT)

Douglas C. Dillion and Molly R. Dillon v. Southern Management Corporation Retirement Trust, et al.

¶ 1 Southern Management Corporation Retirement Trust (SMCRT) seeks review of the district court’s grant of summary
* The court has added ¶ 61 and altered ¶ 62 to address appellees’ request for attorney fees on appeal.
DILLON v. SOUTHERN MANAGEMENT
Opinion of the Court
judgment in favor of Douglas C. and Molly R. Dillon. The district court determined that the trust deed encum... More...
   $0 (05-13-2014 - UT)

State of Utah v. Terrill Dalton

¶1 Defendant Terrill Dalton appeals from his convictions on two counts of rape, a first degree felony. We affirm.

State v. Dalton

2. “On appeal, we recite the facts from the record in the light most favorable to the jury’s verdict and present conflicting evidence only as necessary to understand issues raised on appeal.” State v. Bluff, 2002 UT 66, ¶ 2, 52 P.3d 1210 (citation ... More...
   $0 (03-27-2014 - UT)

Marcia Eisenhour v. Weber County

Marcia Eisenhour sued Weber County, three of its county commissioners, and a state judge. According to Ms. Eisenhour, the judge (Craig Storey) sexually harassed her and the County retaliated against her for reporting the harassment. She claimed violations of Utah’s Whistleblower Act, the First Amendment, the Fourteenth Amendment’s Due Process and Equal Protection Clauses, and Title VII. The di... More...    $0 (03-12-2014 - UT)

Camille Mae Kramer v. Wasatch County Sheriff's Office

Camille Kramer sued the Wasatch County Sheriff’s Department, her former employer, for sexual harassment under Title VII of the Civil Rights Act and 42 U.S.C. § 1983. She appeals from the district court’s grant of summary judgment to Wasatch County on all claims. We affirm summary judgment as to the § 1983 claim but reverse on the Title VII claim, which we remand for trial for the reasons exp... More...    $0 (02-25-2014 - UT)

State of Utah v. Steven Sulz

¶1 Steven Sulz appeals from the district court’s sua sponte correction of his prison sentence. We affirm.

¶2 Sulz engaged in a series of criminal acts that led to numerous charges in the district court. On November 4, 2010, Sulz pleaded guilty to distribution of or arranging to distribute heroin, a second degree felony, Utah Code Ann. § 58-37-8(1)(b)(i) (LexisNexis 2012), in exchange... More...
   $0 (02-21-2014 - UT)

Shawn Jessop v. Sheldon Hardman

¶1 This appeal arises from an accident in which an eightmonth- old child, Casey Jessop, pulled a hot iron down onto himself while in the home of his father’s friend. The child’s mother sued the friend, but the jury found that he was not at fault. The child’s mother appeals, contending that the verdict was unsupported by the evidence and was coerced. We affirm.

BACKGROUND

¶2 J... More...
   $0 (01-30-2014 - UT)

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