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Utah Potentially Liable for Juvenile’s Death; Incarceration Exception to State’s Immunity Inapplicable

The Utah Supreme Court has that the “incarceration exception” to the state’s waiver of sovereign immunity does not apply to a juvenile offender’s placement in an unsecured community-based proctor home.

Sixteen-year-old Dillon Whitney was charged with several crimes and adjudicated a juvenile delinquent. The trial court ordered the Division of ...

 

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