08 June 2008
Utah State Supreme Court - Dexter v. Bosko et. al.
06/11/08 08:57 Filed in: Civil
Rights
We
recently obtained a favorable ruling from the Utah
Supreme Court upholding the right of an inmate to
sue for damages when guards failed to seat belt him
prior to freeway travel. Kelvin Dexter was ejected
from a Ford 15 passenger van when the van rolled
over. Shackled at the wrists, waist and legs, Mr.
Dexter could not fasten his own seat belt. The
guard/driver refused to seat belt the inmates. Mr.
Dexter was ejected when the guard/driver lost
control of the vehicle while reaching for a soda or
bag of chips at freeway speed. The van rolled
several times, ejecting Mr. Dexter. The rollover
severed Mr. Dexter's spinal cord, rendering him a
quadriplegic. Eventually, Mr. Dexter developed
complications as a result of his quadriplegia and
died, leaving behind a wife and children. The Utah
Supreme Court recognized that the Utah Constitution
prohibits exposing inmates to "unreasonably harsh,
strict, or severe treatment [or] unnecessarily
exposed to an increased risk of serious harm."
Because the failure to provide the fundamental and
basic safety of a seat belt exposed Mr. Dexter to
unreasonable and unnecessary risk of harm, the
court held that the guards may be held liable for
the harm caused by their refusal to seat belt Mr.
Dexter. The full opinion can be read here:
Dexter v. Bosko, et.
al. (pdf).