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)

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)

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)

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 §§ 10-8-041.6 and 17-50-33 to prohibit the operation of a “Retail tobacco specialty businessâ€� within “1,000 feet of ... More...    $0 (06-28-2022 - UT)

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)

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, and... More...    $0 (07-10-2018 - UT)

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 containe... More...    $0 (02-10-2018 - UT)

¶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 owner o... More...    $0 (11-07-2017 - UT)

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) waived... More...    $0 (08-25-2017 - UT)

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)

¶ 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.
MARZIALE ... More...    $0 (08-22-2017 - UT)

In June 2009, as part of a federal law-enforcement investigation known as
“Operation Cerberus,” FBI and Bureau of Land Management (“BLM”) agents
arrested twenty-three people and searched twelve properties in and near three Utah
cities—Blanding, Monticello, and Moab. The operation targeted persons possessing
and trafficking in Native American artifacts illegally taken from the Four ... More...    $0 (02-14-2017 - UT)

¶ 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 ―... More...    $0 (03-09-2016 - UT)

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. § 1985, and... More...    $0 (12-29-2015 - UT)

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 and,... More...    $0 (10-14-2015 - UT)

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)

Under 28 U.S.C. § 1447(d), a district court order remanding a case to state court is
“not reviewable on appeal or otherwise.” Notwithstanding this apparently clear
language, federal courts have frequently wrestled with the question of whether the “not
reviewable” language of § 1447(d) genuinely precludes appellate review of a remand
order. We hold that a district court order remand... More...    $0 (08-13-2015 - UT)

In our layered system of trial and appellate courts everyone’s assured at
least two chances to air a grievance. Add to this the possibility that a lawsuit
might bounce back to the trial court on remand or even rebound its way to appeal
yet again — or the possibility that an issue might win interlocutory review — and
the opportunities to press a complaint grow abundantly. No d... More...    $0 (06-16-2015 - UT)

In November 2003, a child (N.M.) experienced a severe brain injury
that left him permanently disabled. Ms. Abby Tiscareno, N.M.’s daycare
provider at the time, was blamed for this injury and prosecuted for child
abuse. But after two trials, Ms. Tiscareno was acquitted.
Ms. Tiscareno and her husband, Mr. Gillermo Tiscareno, have
invoked 42 U.S.C. § 1983 against two of the def... More...    $0 (02-23-2015 - UT)

¶1 Afraid that his wife, Helen Faucheaux, had overdosed on prescription pills, Kevin Faucheaux called 911. When police
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).
Faucheaux v. Provo City
20130690-CA 2 2015 UT App 3
officers arrived they concluded that Helen had not overdosed.2 Despite... More...    $0 (01-02-2015 - UT)

Before the Utah Department of Transportation will grant a permit
authorizing a parade on a Utah state highway, an applicant must obtain liability
insurance and sign an indemnification form. Two environmental groups brought
suit in the United States District Court for the District of Utah, challenging these
requirements under the First Amendment. The district court granted summaryMore...    $0 (12-22-2014 - UT)

¶ 1 This case requires us to once again define the contours of the ―natural condition‖ exception to the waiver provision of the Governmental Immunity Act of Utah.
¶ 2 Appellant Todd Glaittli sued the State of Utah for injuries he suffered when his boat ―heaved‖ and struck him, shattering his shoulder. Mr. Glaittli claimed his injuries were due to the
GLAITTLI v. STATE
Opinion... More...    $0 (07-14-2014 - UT)

¶1 William Bolden is the putative father of a child (J.S.) born in 2011. The case before us on appeal is an adoption proceeding involving John and Jane Doe, the would-be adoptive parents of J.S. Bolden tried to intervene in and object to the Does‘ adoption of J.S. He was barred from doing so because he failed to preserve his legal rights as a father by filing a paternity affidavit within the ti... More...    $0 (11-04-2014 - UT)

¶1 Shawnna Cope was injured while practicing with the Utah
Valley State College (UVSC) ballroom dance team, and sued the
state-owned college.1 The district court dismissed the lawsuit, ruling
that the public duty doctrine dictated that UVSC owed no duty of
care to Ms. Cope. The court of appeals subsequently held that the
COPE v. UTAH VALLEY STATE COLLEGE
Opinion of the Cou... More...    $0 (11-21-2014 - UT)

Lynn D. Becker appeals the district court’s dismissal of his complaint for
lack of subject matter jurisdiction under 28 U.S.C. § 1331. We have appellate
jurisdiction under 28 U.S.C. § 1291 and affirm.
I
Lynn D. Becker contracted with the Ute Indian Tribe of the Uintah and
Ouray Reservation (Tribe) to provide services related to the Tribe’s development
of its energy an... More...    $0 (10-21-2014 - UT)

Sixteen years ago Carolyn Bayless began to suffer from a mysterious debilitating
illness. As her condition deteriorated over the years that followed, she doggedly sought
to learn what caused (and how to treat) her illness. Finally, in 2008, convinced that she
was the victim of exposure to nerve gas emitted by an Army testing facility, she filed a
claim under the Federal Tort Claims... More...    $0 (09-12-2014 - UT)

The Clean Air Act required Utah to submit a proposed implementation plan to the
Environmental Protection Agency. Utah complied, but the EPA rejected parts of the
plan. The State of Utah and other aggrieved parties could obtain judicial review under 42
U.S.C. § 7607(b)(1) by filing a petition within 60 days. See Clean Air Act, 42 U.S.C.
§ 7607(b)(1) (2012).
3
The State of ... More...    $0 (09-03-2014 - UT)

¶1 This case concerns the interpretation and application of the
term “Employee� in Utah’s Governmental Immunity Act (Act).
See UTAH CODE §§ 63G-7-101 to -904. Under the Act, plaintiffs who
have a claim against a governmental employee for acts committed
during the performance of the employee’s duties must file a notice
of claim within one year after the claim arises, ... More...    $0 (07-08-2014 - UT)

¶ 1 This case requires us to once again define the contours of the ―natural condition‖ exception to the waiver provision of the Governmental Immunity Act of Utah.
¶ 2 Appellant Todd Glaittli sued the State of Utah for injuries he suffered when his boat ―heaved‖ and struck him, shattering his
GLAITTLI v. STATE
Opinion of the Court
2
shoulder. Mr. Glaittli claimed his i... More...    $0 (07-15-2014 - UT)

¶1 This case concerns the interpretation and application of the
term “Employee� in Utah’s Governmental Immunity Act (Act).
See UTAH CODE §§ 63G-7-101 to -904. Under the Act, plaintiffs who
have a claim against a governmental employee for acts committed
during the performance of the employee’s duties must file a notice
of claim within one year after the claim arises, ... More...    $0 (07-08-2014 - UT)

¶1 Hannah Fuqua appeals the district court’s December 10,
2013 order granting Alpine School District’s motion for summary
judgment. Fuqua argues that the district court erred in determining
that her action was barred by the applicable statute of limitations.
This matter is before the court on Alpine’s motion for summary
disposition on the basis that the grounds for revie... More...    $0 (04-10-2014 - UT)

¶1 Wade S. Winegar and Sandra Winegar appeal from the district court’s grant of summary judgment to Springville City (the City). The Winegars contend that summary judgment was improper because the City failed to demonstrate that the Winegars’ lawsuit was untimely under the Utah Governmental Immunity Act. We vacate the entry of summary judgment and remand to the district court.
Winegar v. ... More...    $0 (01-16-2014 - UT)

¶1 Summit County (the County) appeals the entry of judgment in favor of Jim Nebeker on Nebeker’s negligence claim. Nebeker cross-appeals, contending that the court improperly imposed a statutory cap to reduce the judgment from $594,400.21 to $221,400. We affirm.
BACKGROUND
¶2 John Rhineer was Nebeker’s accountant prior to Rhineer’s death on November 14, 2003. Later that year, Wells... More...    $0 (06-12-2014 - UT)

¶1 Shelby Winkler alleges that she was injured in a vehicle collision that occurred after an employee of the Utah Department of Transportation negligently allowed two cars travelling in opposite directions to use the same lane through a construction zone. Winkler, the driver of one of the cars, brought suit against the Utah Department of Transportation, the State of
Winkler v. Lemieux
201... More...    $0 (06-19-2014 - UT)

¶ 1 The State challenges the Utah Court of Appeals‘ reversal of defendant Dr. Raymond Bedell‘s conviction of misdemeanor sexual battery. The State asserts that a panel majority of the court of appeals erred when it reversed Dr. Bedell‘s conviction on the basis of ineffective assistance of counsel and plain error on the
* The court is remanding to the Court of Appeals to address an addit... More...    $0 (01-24-2014 - UT)

¶ 1 While returning to Utah from a work project in Maryland, Kelly Colvin was killed in an automobile accident. Joseph Giguere, Colvin’s coworker, was driving the vehicle in which Colvin was a passenger when the accident occurred. Colvin’s widow and son brought this action against Giguere, arguing that Giguere’s negligence caused the accident. The district court granted summary judgment in ... More...    $0 (06-20-2014 - UT)

Sixteen years ago Carolyn Bayless began to suffer from a mysterious debilitating illness. As her condition deteriorated over the years that followed, she doggedly sought to learn what caused (and how to treat) her illness. Finally, in 2008, convinced that she was the victim of exposure to nerve gas emitted by an Army testing facility, she filed a claim under the Federal Tort Claims Act. When this ... More...    $0 (04-28-2014 - UT)

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)

Becky Coats works for the Utah Department of Workforce Services as an
unemployment insurance eligibility specialist, but she’s long hoped for another job.
In fact, since 2000 she’s applied for no fewer than 40 other positions within the
Department, only to be turned down each time. She alleges that’s not because there
have been better available applicants but because of age d... More...    $0 (03-04-2014 - UT)