Alan W. Mortensen Defeats Summary Judgment Motion in Assault Case

24 July 2012 Published in News

Alan W. Mortensen recently defeated a summary judgment motion in a sexual assault case on behalf of a client who was sexually assaulted by a city police officer. The plaintiff and client alleges that the city police department knew the officer had a negative pattern toward the opposite sex and failed to prevent, control, or discipline the individual as well as claims for negligence and violation of the Utah Constitution. The police department moved for a summary of judgment on the basis of qualified immunity.

In denying the police department?۪s motion for summary judgment, the court concluded that ???a reasonable jury may find that [the city] acted with deliberate indifference.?۝ In addition, the court granted summary judgment on both the plaintiff?۪s state constitutional claim, and on the negligence claim.