MECHAM v. FRAZIER

No. 20070730.

193 P.3d 630 (2008)

2008 UT 60

Lemanda Lillian MECHAM, Plaintiff and Appellee, v. Sean D. FRAZIER and David L. Johnson, Defendants and Appellants.

Supreme Court of Utah.

August 29, 2008.


Attorney(s) appearing for the Case

Cory B. Mattson, Sandy, for plaintiff.

Mark L. Shurtleff, Att'y Gen., J. Clifford Petersen, Scott D. Cheney, Brent A. Burnett, Asst. Att'ys Gen., Salt Lake City, for defendants.


PARRISH, Justice:

INTRODUCTION

¶ 1 This case presents two certified questions from the Tenth Circuit Court of Appeals: (1) Does the Utah Governmental Immunity Act ("UGIA") confer to state officers immunity from suit or immunity from liability? and (2) Does the UGIA require that a notice of claim against state officials in their individual capacity expressly aver "fraud" or "malice"? We conclude (1) that the UGIA confers immunity from suit to state officers...

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