From Deseret News archives:
Supreme Court: Handcuffed man can't sue UHP for injuries
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.
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
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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.
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