(DOWNLOAD) "Preston Maddocks v. Salt Lake City" by Supreme Court of Vermont # Book PDF Kindle ePub Free
eBook details
- Title: Preston Maddocks v. Salt Lake City
- Author : Supreme Court of Vermont
- Release Date : January 06, 1987
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 60 KB
Description
Plaintiff alleges that he was wrongfully arrested by three Salt Lake police officers, one of whom unlawfully beat him while the others failed to intervene. The arrest took place on May 8, 1981. Plaintiff filed a notice of claim on March 15, 1982, with Salt Lake City. The City rejected the claim on November 16, 1982, after the ninety-day period had run. See Utah Code Ann. § 63-30-14 (1986) (governmental entities must notify claimants of resolution of their claim within 90 days of the filing of claim or claim is deemed denied at end of 90 days of the filing of the claim or claim is deemed denied at end of 90 days of the filing of claim or claim is deemed denied at end of 90-day period). The trial court reasoned that the one-year filing period began to run at the end of the ninety-day period, June 15, 1982, and therefore expired on June 15, 1983. See Cornwall v. Larsen, 571 P.2d 925, 926 (Utah 1977). Plaintiff filed a complaint against Salt Lake City and the individual officers on June 13, 1983, and an amended complaint on November 1, 1983. The amended complaint alleged three counts: a violation of the Federal Civil Rights Act, 42 U.S.C.A. § 1983 (1981); sundry intentional torts committed by the arresting officer; and negligence on the part of the officers who failed to intervene in the beating.