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Court Blocks Suit Against Utah Trooper
Monday, 07-Jul-2008 5:34PM United Press International
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SALT LAKE CITY, July 7 (UPI) -- The Utah Supreme Court ruled a man may not sue a Utah Highway Patrol trooper for a head injury suffered in a fall while handcuffed.

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The court ruled anonymously against Thomas Peck, who had attempted to sue a trooper for negligence after he fell and injured his head while waiting to be loaded into a patrol car after his arrest on suspicion of drunken driving, The Salt Lake Tribune reported Monday. Peck claimed to have suffered head trauma as a result of the fall.

The court said members of the Utah Highway Patrol are protected from lawsuits resulting from injuries related to incarceration in a prison, jail or "other place of legal confinement." The court said the state law applies in this case because Peck was being incarcerated at the time of the incident.

The justices reversed Judge Stephen Henriod's earlier ruling that the law only applies to injuries that occur in facilities owned by the state or municipal government.

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