From Deseret News archives:
Circuit court upholds ruling in southern Utah wrongful death suit
In a 33-page ruling issued Thursday, the Denver-based circuit court agreed with the ruling of U.S. District Judge Paul Cassell, who dismissed the suit in November 2006. He ruled there was not enough evidence to find the jail's staff was negligent in not providing adequate medical care for Raymond Boyett, a recovering alcoholic who suffered from hepatitis C and other medical problems.
"We agree with the district court's decisions, concluding the Boyett family has failed to demonstrate a genuine issue of material fact about whether defendants were deliberately indifferent to Boyett's serious medical needs, inflicted excessive force, or otherwise violated his federal rights," the ruling states.
Attorneys for the Boyett family claim there were indications that Boyett was denied medical attention for injuries that appear to have been voluntarily inflicted. In addition to liver disease, Boyett also suffered from anxiety and depression. He was found dead in his cell on Sept. 9, 2003, having been kept in jail more than a week on a DUI arrest warrant. An autopsy reported he died of heart failure.
While family members said there was evidence of head trauma and lacerations that would indicate foul play, Cassell ruled there was not sufficient evidence to convince a jury of foul play and that jail staff were entitled to governmental immunity.
E-mail: gfattah@desnews.com
Comments
- What exactly are probiotics? 5:45 p.m.
- Emeril's success? 'Great people' 5:45 p.m.
- Limeade Pie is a quick, easy dessert 5:42 p.m.
- Edamame Soup is tasty, healthful 5:42 p.m.
- Gluten-free desserts not great 5:42 p.m.
- Broccoli dish still tasty with less fat 5:42 p.m.
- What's cooking 5:42 p.m.
- Rethinking PB&J as a kids' truffle 5:42 p.m.
- Bookmarks 5:42 p.m.
- Lo mein gets healthful makeover 5:42 p.m.
- Utah group finds homes for orphans
- Pratt pleads not guilty to sex charges
- Jazz blow big lead, hang on
- Y. tight ends talented tandem
- Utes get extra motivation
- Senators want food tax restored
- Alta's Ohai is Ms. Soccer 2009
- BYU soccer incident still popular
- Lobo land like home for BYU lineman
- U. hopes to keep clicking
- House passes health care bill
259 - TCU showdown has big implications
187 - Lobo suspended
184 - Cougars crush hapless Cowboys
155 - Senators want food tax restored
143 - Utah Jazz fall apart against Kings
131 - TCU 4th in AP poll; U. 16th, Y. 22nd
119 - No 'backlash' for pioneers, gays analogy
104 - RSL rallies to advance
103 - S.L. vote pending on gay protections
91
Applebee's Neighborhood Grill & Bar restaurants nationwide will honor...
Meghan McCain, the daughter of former presidential candidate John...
I am surprised that a program like this exists: where kids from Ukarine are...
I was way impressed with that Figgins girl. I thought she did an amazing job...
The comments on this topic, prove our wonderful country is divided, to the...
real quick: BYU and every women's soccer team has their thug players; if they...
"But Bronco's goal for the year is to win the MWC..." Hugh? Bronco's goal...
Practice saying the following: We let TCU humiliate us so TCU could...
The earth's climate has changed throughout history. Climate change,...
Redshirt, that section you cite has nothing to do with funding research. It...
Uranium to come here, then put nuclear power plants all over Utah, this is...



You can be the first to comment on this story.