From Deseret News archives:

Supreme Court: Handcuffed man can't sue UHP for injuries

Published: Tuesday, July 1, 2008 1:37 p.m. MDT
 |  E-MAIL | PRINT | FONT + - 
The Utah Supreme Court has ruled a Salt Lake County man cannot sue the Utah Highway Patrol after he alleged a trooper allowed him to fall on his face while handcuffed.

In an unanimous ruling issued Tuesday, the justices said the troopers who arrested Thomas Peck were protected under governmental immunity from claims of negligence.

According to the ruling, two UHP troopers approached Peck at a gas station on Sept. 17, 2002 and arrested him for drunk driving. After placing him in handcuffs, the troopers told Peck to stand in front of the police cruiser while they cleared an area in the back seat to take him to jail. Peck refused to comply and shouted at the troopers.

A rain storm had just taken place before the arrest and as one trooper tried to take Peck down to the ground slowly, the trooper slipped and lost control of Peck, whose hands were cuffed behind his back. Unable to break his fall, Peck landed face-first on the ground, causing head trauma and facial injuries.

Peck sued UHP and the troopers, claiming they were negligent in allowing him to fall on his face. A district judge upheld Peck's claim, citing that an arrest must occur "in a place of legal confinement" such as a jail, in order for governmental immunity to apply.

Story continues below
However the justices say Peck's injury took place while he was in custody and there was a "causal connection" to the jail, where he was being transported. Under this ruling, the troopers are protected from the suit, the ruling states.

The high court has reversed the district court's decision and has ordered that the suit against UHP and the troopers be dismissed.


E-mail: gfattah@desnews.com

Recent comments

I was arrested by an SP in the AF back in 83 for not having my line...

jw layton | July 1, 2008 at 11:19 p.m.

"To further validate my point"...come on. This "...former high level...

bilbo | July 1, 2008 at 10:11 p.m.

re read the ruling.
1.I thought that governmental immunity...

djt | July 1, 2008 at 9:32 p.m.

previousnext

Latest comments

Mr. Booth is correct. It would be bad to replace one celebrity president...

Treat teachers with respect, trust

Not that my arguments will convince Brother Chucky and his cronie,s but this...

GREAT JOB REAL SALT LAKE. THIS TEAM PLAYS SO HARD. Though I am not a huge...

BYU would like friendlier rivalry

"...what none of them have been able to prove is that it didn't happen."...

GREAT JOB REAL SALT LAKE. THIS TEAM PLAYS SO HARD. Though I am not a huge...

GREAT JOB REAL SALT LAKE. THIS TEAM PLAYS SO HARD. Though I am not a huge...

I like how Clearfield wants to require 3 churches in this proposal. Isn't it...

GREAT JOB REAL SALT LAKE. THIS TEAM PLAYS SO HARD. Though I am not a huge...

Flash Forward went downhill after the premier. Yet it kept pulling me back...

"You are theologically correct, but we do not need to focus on those things"...

Advertisements