Utah Fourth Amendment Law

<h2> <center> United States of America v. Cesar Aguayo-Montes </h2> </center>

Salt Lake City, Utah, criminal defense lawyer represented the Defendant charged with drug possession. Before Cesar Aguayo-Montes (Aguayo) pleaded guilty to a drug charge, he asked his attorney about the impact it would have on his immigration status. had lived in Colorado for as long as he could remember, so he was concerned about a line in the plea agreement warning that he “may” be remo... More...

$ (03-19-2026 - UT)

United States of America v. Alexander Jon Ogilvie

Salt Lake City, Utah criminal defense lawyer represented the Defendant charged with illegal receipt of a firearm by a person under indictment, in violation of 18 U.S.C. Â§ 922(n). After the October 2022 shooting, a federal grand jury returned an indictment against Ogilvie, charging him with illegal receipt of a firearm by a person under indictment, in violation of 18 U.S.C. Â§ 922(n).... More...

$0 (09-03-2025 - UT)

Martha Ellis v. Salt Lake City Corporation, et al.

Salt Lake City, Utah personal Injury lawyers represented the Plaintiff who sued on civil rights violation theories. Martha Ellis joined the Salt Lake City Fire Department ("SLCFDâ€ or the "Departmentâ€) as a firefighter in 1994. Thereafter, she quickly moved up the ranks. In 2004, she was promoted to Fire Captain and served as the Fire Marshal for the Salt Lake City ... More...

$0 (08-18-2025 - UT)

Benjamin Joseph Herold v. Michael Christensen, et al.

Salt Lake City, Utah personal injury lawyer represented the Plaintiff on an excessive for claim. Benjamin Joseph Herold, who suffers from mental illness, lost his right eye after he was shot in the face with pepper spray during an encounter with three St. George, Utah police officers in March 2019. Herold sued Sergeant Michael Christensen (the officer who pepper-sprayed him) and the City ... More...

$0 (08-08-2025 - UT)

Melynda Vincent v. Pamela J. Bondi

Salt Lake City, Utah civil rights lawyers represented the Plaintiff who sought to invalidate 18 U.S.C. 922(g(1). Ms. Melynda Vincent sued the Attorney General, claiming that the Second Amendment entitles her to possess firearms. We rejected this claim and dismissed the action. Vincent v. Garland, 80 F.4th 1197, 1200â€“02 (10th Cir. 2023). But the Supreme Court vacated our... More...

$0 (02-11-2025 - UT)

Leanne Crowe v. SRR Partners, et al.

<h2> Salt Lake City, Utah civil rights lawyers represented the Plaintiff who sued on an Americans with Disabilities Act Violation theory. </h2> 42 U.S.C. 12101 provides: The Congress finds thatâ€” (1) physical or mental disabilities in no way diminish a person's right to fully participate in all aspects of society, yet many ... More...

$1 (06-14-2024 - UT)

<h1> STATE OF UTAH v. ALAVINA FUNGAIHEA FLORREICH </h1>

From 1998 to 2009, Alavina Florreich was the nanny for Alex and his siblings. Florreich is a Tongan immigrant, and Alex and his siblings were the homeschooled children of a Jewish rabbi. ¶3 When Alex was eight years old, Florreich was watching a movie with Alex and his younger siblings one day when Alex began giving her a shoulder massage. While doing so, Alex s... More...

$0 (01-24-2024 - UT)

<h1> STATE OF UTAH v. DEREK RANDALL JONES </h1>

During the weekend of June 26 to 27, 2015, five-year-old B.B. slept over at the home of Forbush, who is his uncle. About three weeks later, B.B. was showering with his father (Father), as was apparently their occasional practice, when B.B. asked why his uncircumcised penis looked different from Father's circumcised penis. Father replied that B.B. didn't need to worry becau... More...

$0 (01-24-2024 - UT)

Minal Ashokkumar Patel, et al. v. Central Utah Clinic, et al

Salt Lake City, Utah personal injury lawyers represented Plaintiff who sued the Defendants on medical malpractice theories. Plaintiffs Minal Patel and Dilipkumar Patel (collectively, "Plaintiffsâ€) bring this case on behalf of themselves and their seven-year-old child, I.P., who was born with hypoxia in Kane County, Utah. On July 30, 2019, Plaintiffs filed a complaint against De... More...

$1 (07-28-2023 - UT)

Heather Leyva, et al. v. Blaine Robbins

Salt Lake City, Utah civil rights lawyer represented Plaintiffs who sued Defendant claiming violation of their "Fourteenth and Fourth Amendment rights. Leyva served as the heavy-duty towing liaison between the Utah Highway Patrol ("UHP") and West Coast Towing ("WCT")â€”one of three towing companies in the Heavy Duty Towing Rotation ("HDTR"). During her time as liaison, Leyva com... More...

$0 (07-10-2023 - 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 the ... 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)

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)

State of Utah v. Christopher Garcia

Salt Lake City, Utah criminal defense lawyer represented Defendant charged with aggravated sexual abuse of a child. ¶2 In October 2014, Victim's mother (Mother) met Garcia on an online dating website. Mother's profile on the website indicated that she had children. A few days after making contact, the two arranged to meet in person. At their first meeting, Garcia told Mother that he... More...

$0 (06-24-2022 - 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)

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)

United States of America v. Robert Lee Holloway

<center> <img width="300" src="https://www.gsa.gov/ephox_images/slcCourthouse-blurred-large_1396391063940.jpg"> </center> A jury convicted Robert Holloway in federal district court of four counts of wire fraud in violation of 18 U.S.C. § 1343 and one count of submitting a false tax return in violation of 26 U.S.C. § 7206. The district court sentenced Holloway to 225 months’... More...

$0 (09-20-2019 - UT)

United States of America v. Joan Osborn

<center> <img width="300" src="https://www.gsa.gov/ephox_images/slcCourthouse-blurred-large_1396391063940.jpg"> </center> In Sell v. United States, 539 U.S. 166, 169, 180–81 (2003), the Supreme Court outlined a demanding four-part test that, if satisfied, allows the government to forcibly medicate a mentally ill but nonviolent criminal defendant “to render that def... More...

$0 (04-23-2019 - Ut)

United States of America v. Mary Carol S. Johnson, et al.

<center> <img width="300" src="https://www.gsa.gov/ephox_images/slcCourthouse-blurred-large_1396391063940.jpg"> </center> The three consolidated appeals currently before this court involve an action brought by the Government to collect unpaid federal estate taxes. In Appeal No. 17-4083, the Government appeals from the district court’s determination that its state-law... More...

$0 (03-29-2019 - UT)

The Slovak Republic v. Elizabeth R. Loveridge, Chapter 7 Trustee

<center> <img width="300" src="https://www.gsa.gov/ephox_images/slcCourthouse-blurred-large_1396391063940.jpg"> </center> This appeal stems from the Chapter 7 bankruptcy of EuroGas, Inc. (“EuroGas I”). The Slovak Republic, an unsecured creditor who filed a claim in that bankruptcy, appeals the decision of the Tenth Circuit Bankruptcy Appellate Panel (“BAP”) dismissi... More...

$0 (01-04-2019 - 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)

STATE OF UTAH v. MICHAEL BINKS <table> <td>

Michael Binks was convicted of possession of drugs and drug paraphernalia. In this appeal he challenges the denial of his motion to suppress the evidence that formed the basis for his conviction. We affirm. ¶2 When officers stopped Binks’s vehicle, they had at least reasonable suspicion to investigate two traffic violations and possible drug possession. And when the officers approached the veh... More...

$0 (05-13-2018 - UT)

Robert Stoedter v. Salt Lake County, et al. <a href="http://www.morelaw.com/vendors/vendor.asp?f=Kent&l=Morlan&i=28536&z=74103&s=OK" target="_new">Morelaw Internet Marketing for Legal Professionals</a> MoreLaw Will Make Your Phone Ring $0 to $1000+ Per Month - No Contract 888-354-4529

Salt Lake City, UT - Robert Stoedter sued Salt Lake County, Riverton City, Unified Police Department of Greater Salt Lake,Kenneth C. Gates, Kenyon T. Madsen, Gregg Shaver and Brooks Green on civil rights violation theories. 01/30/2015 173 CLERK'S JUDGMENT - This action came before the Court for a trial by jury. The issues have been tried and the jury has rendered its verdict. IT IS ORDER... More...

$0 (01-30-2018 - ut)

<cenger> Bruce W. Lauritzen v. First American Title Insurance

¶1 Bruce W. Lauritzen purchased five lots of undeveloped real property in Hurricane, Utah based on a description in a recorded subdivision plat map. Lauritzen then purchased title insurance for these lots through First American Title Insurance Company (First American). Subsequently, Lauritzen learned that the plat map had a material defect: one of his lots partially overla... More...

$0 (04-08-2018 - 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)

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 More than nine years ago, Dennis Terry Wynn (Defendant) was sentenced to prison and ordered to pay restitution in excess of $700,000. Now he argues, among other things, that that amount renders his sentence illegal. Because we conclude that Defendant is not entitled to relief under the many theories he advances, we affirm the district court’s denial of his several motions. BACKGROUND ... More...

$0 (11-16-2017 - 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)

United States of America v. Richard Jenks, Jr.

A jury convicted Richard Jenks Jr. of multiple counts of sexually abusing his minor stepdaughter. Jenks now appeals his conviction and sentence. Exercising jurisdiction under 28 U.S.C. § 1291, we affirm. I After marrying Jenks, a member of the Ute Tribe, Elizabeth Dini sent her daughter, D.W., to live with her maternal grandparents. At 8 years old, D.W. * After examining t... More...

$0 (11-20-2017 - UT)

Michael E. Baker v. Park City Municipal Corporation

¶1 Appellants Michael E. Baker and Kathleen M. Papi-Baker (collectively, the Bakers) sought review in the district court of a decision, issued by the Park City Council (the Council), denying their application for a plat amendment. The Bakers filed a motion for summary judgment, arguing that their proposed amendment complied with municipal zoning regulations and that the Council withheld its permi... More...

$0 (10-13-2017 - 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)

United States of America ex rel Donald Little and Kurosh Motaghed v. Triumph Gear Systems, Inc.

This appeal arises from the efforts of several whistleblowers to navigate the procedural minefield of the False Claims Act (FCA). See 31 U.S.C. §§ 3729-3733. In 2012, Joe Blyn commenced this FCA action by filing a sealed complaint in the district court. The complaint named Donald Little as Blyn’s counsel of record. Months later, Little filed an amended complaint that named hims... More...

$0 (09-18-2017 - 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)