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DEXTER v. BOSKO

No. 20060526.

184 P.3d 592 (2008)

2008 UT 29

Kelvin DEXTER, Plaintiff and Appellee, v. Jason BOSKO, Barry Sanns, and Hank Galetka, Defendants and Appellants.

Supreme Court of Utah.

April 11, 2008.

Attorney(s) appearing for the Case

Peter W. Summerill, James R. Hasenyager, Ogden, for plaintiff.

Mark L. Shurtleff, Att'y Gen., Peggy E. Stone, Philip S. Lott, Asst. Att'ys Gen., Salt Lake City, for defendants.

WILKINS, Associate Chief Justice:

¶ 1 Defendants, two corrections officers and the warden who had charge of the plaintiff as a prisoner, appeal the district court's denial of their motion to dismiss plaintiff's personal injury claims. The plaintiff's claims arise from injuries suffered in a vehicle accident while being transported in custody. The plaintiff brought the claims under our state constitutional prohibition on unnecessary rigor in confinement. On the...

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