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WHITNEY v. DIV. OF JUVENILE JUSTICE SERV.

No. 20100983.

274 P.3d 906 (2012)

2012 UT 12

Donna WHITNEY, individually and as parent and heir of Dillon Whitney, deceased, Plaintiff and Appellee, v. DIVISION OF JUVENILE JUSTICE SERVICES, UTAH DEPARTMENT OF HUMAN SERVICES, State of Utah, Quest Youth Services, Kyle Lancaster, Dan Maldonado, Jason Kaufusi, Henry Kaufusi, Huy Nguyen, and Barry Howard, Defendants and Appellants.

Supreme Court of Utah.

March 6, 2012.

Attorney(s) appearing for the Case

Bridget K. Romano , Salt Lake City, for appellants.

Robert D. Strieper , Salt Lake City, for appellee.

Justice PARRISH authored the opinion of the Court, in which Chief Justice DURHAM, Associate Chief Justice DURRANT, Justice NEHRING, and Justice LEE joined.

Justice PARRISH, opinion of the Court:

INTRODUCTION

¶ 1 This case presents a certified question of law from the Tenth Circuit Court of Appeals. Dillon Whitney's mother filed a wrongful death suit against the State of Utah after Dillon died while in state custody. The State filed a motion to dismiss, arguing that it was exempt from suit under the incarceration exception to the Governmental Immunity Act of Utah. The federal district court denied the motion...

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