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Court blocks suit against Utah trooper

SALT LAKE CITY (UPI) -- The Utah Supreme Court ruled a man may not sue a Utah Highway Patrol trooper for a head injury suffered in a fall while handcuffed.

The court ruled anonymously against Thomas Peck, who had attempted to sue a trooper for negligence after he fell and injured his head while waiting to be loaded into a patrol car after his arrest on suspicion of drunken driving, The Salt Lake Tribune reported Monday. Peck claimed to have suffered head trauma as a result of the fall.

The court said members of the Utah Highway Patrol are protected from lawsuits resulting from injuries related to incarceration in a prison, jail or "other place of legal confinement." The court said the state law applies in this case because Peck was being incarcerated at the time of the incident.

The justices reversed Judge Stephen Henriod's earlier ruling that the law only applies to injuries that occur in facilities owned by the state or municipal government.



Copyright 2008 by United Press International

This news arrived on: 07/07/2008
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Posted Comments:

07-09-2008 01:40
D. Hennings wrote:

Law suit

Sally is perhaps correct in her thinking but fails to see that there are situations where certain segments of the population need to be somewhat exempt from tortes to perform their mission to the good of all. It is also a well known fact that idiots who have been drinking are prone to falling down.



07-08-2008 17:58
Sally A. Bridges wrote:

No one should be protected from lawsuits.

This is crazy. These officers should be held just as accountable as any other citizen. They are (or should be) trained how to handle such situations. A trial may very well exonerate them, but this should be looked into. Too often, law enforcement and the government are given a pass. They work for us, not the other way around.




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