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Utah Supreme Court· 7/12/1996

Bott v. DeLand

Citations

  • 922 P.2d 732
  • 294 Utah Adv. Rep. 62
  • 1996 Utah LEXIS 57
  • 1996 WL 392236

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • holding that plaintiff had money damages claim for violation of “unnecessary rigor” clause of Utah Constitution, which is similar to cruel and unusual punishment section of federal constitution
  • stating that rights granted to citizens under the Utah Constitution \are subject to reasonable regulation\
  • recognizing “the guarantee against unnecessarily rigorous treatment extends both to prisoners and to arrestees and protects them against unnecessary abuse”
  • stating that there was no violation of the unnecessary rigor clause where arresting officers provided medical treatment for a fractured leg several hours after an arrest
  • stating that there was no violation of the unnecessary rigor clause where arresting officers provided medical treatment for a fractured leg several hours after an arrest
  • holding a private cause of action could be brought for a violation of the unnecessary-rigor clause in the Utah Constitution

Source: CourtListener parenthetical corpus (CC0).

Judges: Howe, Stewart, Zimmerman, Russon, Durham

Read full opinion on CourtListener

Cited by

38 cases in this archive cite this case; the 20 most cited are listed.

Cites

61 cases in this archive are cited by this case; the 20 most cited are listed.

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.