- 5 Republicans, 0 Democrat
- Utah is weird. Worth looking into despite political breakdown.
- Similar to 8A, but w/ conditions-specific clause: “unnecessary rigor”— actively litigated, but almost no solitary confinement cases.
- UTAH CONST. Art. I, § 9 (“Excessive bail shall not be required; excessive fines shall not be imposed; nor shall cruel and unusual punishments be inflicted. Persons arrested or imprisoned shall not be treated with unnecessary rigor.”) (“unnecessary rigor” provision has been applied to conditions claims)
- Implied right of action limited to rights that are self- executing and where the constitutional violation is flagrant, existing remedies do not redress the injury, and equitable relief will not redress the injuries.
- Spackman v. Bd. of Educ., 16 P.3d 533, 538 (Utah 2000). For a violation to be “flagrant,” “a defendant must have violated ‘clearly established’ constitutional rights ‘of which a reasonable person would have known.’” Id. (quoting Harlow v. Fitzgerald, 457 U.S. 800, 818 (1982)).
- UTAH CODE ANN. §§ 78-7-~6 78-7-~8 78-7-~Q. 78-7-42 (Lexis SUDD. 2002) [none]
- DAMAGES ARE LIMITED: (3) plaintiff must establish the following three elements to proceed with private suit for damages based on violation of self-executing constitutional provision: that he or she suffered flagrant violation of his or her constitutional rights; that existing remedies do not redress injuries; and that equitable relief was and is wholly inadequate to protect plaintiff’s rights or redress injuries.
- Spackman ex rel. Spackman v. Bd. of Educ. of Box Elder County Sch. Dist., 16 P.3d 533 (Utah 2000)”
