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).
