"It's our position that they have policies and procedures dealing with bears," Young said. "Once they're advised (the bear is) a nuisance and a problem, then they have duties. It's different if it had randomly come into the camp that night."

Along with an answer, Stringham also filed a motion for partial dismissal, explaining that governmental functions are protected under the Governmental Immunity Act of Utah.

Both action and inaction are considered governmental functions by the Legislature and are thus protected, Stringham said.

The government is not protected when it acts negligently, however; but the claim of "mental anguish" as a result of those negligent acts is not a provable claim, based on state code.

Young clarified that the "mental anguish" claim was only asserted on behalf of Jack Mulvey, Ives' stepbrother, who witnessed part of the tragic event.

However, because state code doesn't define 7-year-old Jack Mulvey as an official "heir," he's excluded from the complaint and that particular claim becomes moot. Tim Mulvey was only included in the lawsuit as Jack's legal guardian.

Attorneys say it's possible the motion will be settled without a judge's involvement based on the clear code. But even with a partial dismissal, Ives' mother and father still have claim against the agencies for a wrongful death with the argument of negligence, Stringham said.

"They denied they did something wrong," Young said of the state. "They said the federal government did something wrong. I expect the federal (government) would say the same thing (about the state)."

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E-mail: sisraelsen@desnews.com