Utah Immunity Law

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)

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 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)

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)

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)

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)

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)

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)

The Estate of James D. Reed v. Daniel Love

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... More...

$0 (02-14-2017 - 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)

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)

Ryan Uresk Harvey v. Ute Indian TRibe of the Uintah and Ouray Reservations

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 or... More...

$0 (08-13-2015 - UT)

Ute Indian Tribe of the Uintah and Ouray Reservation v. State of Utah, Duchesne County, Uintah County, Rossevelt City and Bruce Ignacio

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 â€” or the possibility that an issue might win interlocutory review â€” and the opportunities to press a complaint grow abundant... More...

$0 (06-16-2015 - UT)

Abby Tiscareno v. Lori Frasier

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. Â§ 1983 against two of the def... More...

$0 (02-23-2015 - UT)

Kevin Faucheaux v. Provo City

¶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)

iMatter Utah v. John Njord

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 summary<b... More...

$0 (12-22-2014 - UT)

Todd Glaittli v. State of Utah

¶ 1 This case requires us to once again define the contours of the â€•natural conditionâ€– 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 â€•heavedâ€– and struck him, shattering his shoulder. Mr. Glaittli claimed his injuries were due to the GLAITTLI ... More...

$0 (07-14-2014 - UT)

William E. Bolden v. John and Jane Doe

¶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 time... More...

$0 (11-04-2014 - UT)

Shawnna Rae Cope v. Utah Valley State College

¶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 v. Ute Indian Tribe of the Uintah and Ouray Reservation

Lynn D. Becker appeals the district court's dismissal of his complaint for lack of subject matter jurisdiction under 28 U.S.C. Â§ 1331. We have appellate jurisdiction under 28 U.S.C. Â§ 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)

Carolyn Bayless v. United States of America

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)

State of Utah v. United States Environmental Protection Agency

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. Â§ 7607(b)(1) by filing a petition within 60 days. See Clean Air Act, 42 U.S.C. Â§ 7607(b)(1) (2012). 3 The State... More...

$0 (09-03-2014 - UT)

Randall Roy Mallory v. Brigham Young University

¶1 This case concerns the interpretation and application of the term "Employeeâ€ in Utah's Governmental Immunity Act (Act). See UTAH CODE Â§Â§ 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)

Todd Glaittli v. State of Utah

¶ 1 This case requires us to once again define the contours of the â€•natural conditionâ€– 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 â€•heavedâ€– and struck him, shattering his GLAITTLI v. STATE Opinion of the Court 2 shoulder. Mr. Gl... More...

$0 (07-15-2014 - UT)

Randall Roy Mallory v. Brigham Young University

$0 (07-08-2014 - UT)

Hannah Fuqua v. Alpine School District

¶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 review are ... More...

$0 (04-10-2014 - UT)

Wade S. Winegar v. Springville City

¶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. Spri... More...

$0 (01-16-2014 - UT)

Jim Nebeker v. Summit County

¶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 Fargo... More...

$0 (06-12-2014 - UT)

Shelby Winkler v. Robert Lemieux, State of Utah and Department of Transportation

¶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)

State of Utah v. Raymond L. Bedell

¶ 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 additional ... More...

$0 (01-24-2014 - UT)

Dana D. Colvin v. Joseph Giguere

¶ 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 favor ... More...

$0 (06-20-2014 - UT)

Carolyn Bayless v. United States of America

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 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 distri... More...

$0 (03-12-2014 - UT)