Archive for the ‘Civil rights law’ category

Judge Tena Campbell – “You should always follow your doctor’s orders, except in legal matters.”

March 20, 2007

Ronnie Lee Gardner was sentenced to die for killing an attorney during an attempted 1985 courthouse escape. 

On Monday, March 19, 2007, he told Judge Tena Campbell that since he is suffering so much pain from rheumatoid arthritis, he wants to drop his legal appeals and face execution.  Gardner claims that a physician at the prison gave him the idea.  This prompted  Judge Campbell to state, “You should always follow your doctor’s orders, except in legal matters.”

The judge asked Gardner not to drop his appeal until she rules on an ongoing appeal issue in his case, which will come within weeks. Judge Campbell also said she would have a civil attorney contact Gardner about getting the treatment he needs – part of a new federal bar program designed to provide free legal services to inmates with meritorious civil rights cases.

http://www.sltrib.com/ci_5476965

Gardner

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Lawsuit against Salt Lake City Police Dept., Salt Lake City police officer, Gold’s Gym, et al – Judge Ted Stewart

January 16, 2007

A Utah man (named Agim Fetahu) has filed a lawsuit against Salt Lake City, the Salt Lake City Police Department, Marcus Barrett (Salt Lake City police officer), West Valley Fitness Group (who operates Gold’s Gym in West Valley), and two other individuals for an altercation at a West Valley Gold’s Gym following a heated basketball game.

Plaintiff claims that when he tried to leave the gym area, Barrett blocked his exit with his police car. The suit also states: “Barrett pointed a shotgun belonging to the Salt Lake City Police Department at [plaintiff].”

A 911 call made by plaintiff, asking for other officers, records Barrett shouting profanities at the Plaintiff while Barrett and two friends tried to get at Plaintiff through Plaintiff’s car.

The plaintiff’s Complaint seeks “a reasonable sum not less than four million dollars.” The case has been assigned to Judge Ted Stewart.

http://deseretnews.com/dn/view/0,1249,650222602,00.html

http://www.sltrib.com/ci_5024400

Judge Ted Stewart – Motion for Summary Judgment granted

September 15, 2006

JODI NIX, Plaintiff, vs. PARK CITY MUNICIPAL CORPORATION, a Utah municipal corporation, LLOYD D. EVANS, an individual and Chief of the Park City Police Department, PHIL KIRK, an individual and a Lieutenant in the Park City Police Department, THOMAS B. BAKALY, an individual and City Manager of the Park City Municipal Corporation, Defendants.

Case No. 2:04cv01197TS

2006 U.S. Dist. LEXIS 65232

September 11, 2006

Judge Ted Stewart

Plaintiff Jodi Nix, a former Park City police officer, alleged a “class-of-one” equal protection claim pursuant to 42 U.S.C. § 1983. Defendants included Park City, two high ranking officers within the police department, and the Park City city manager. 

The court pointed out that: “an individual asserting a class-of-one equal protection claim must prove that he or she was singled out for different treatment or persecution due to some personal animosity, ill-will or malice by the defendant.”

Judge Stewart opined that plaintiff failed to show either: (1) that she was treated differently than other similarly situated individuals; and (2) that there was any malice, ill-will or animosity between plaintiff and the individual defendants.

Motion for Summary Judgment granted. Case dismissed.