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News: Tenth Circuit Rules in Favor of C&J Client in Dave Richards and Sarah Spencer Case
The Tenth Circuit Court of Appeals recently ruled in favor of the client of C&J attorneys’ David C. Richards and Sarah E. Spencer in a case involving a claim arising under the Utah Constitution for “unnecessary rigor.”  Dave and Sarah represented a police department whose officer was transporting an arrestee in the court parking lot when another vehicle backed into the transport van.  The plaintiff prisoner claimed extensive damage as a result of the minor collision and sued the police department because she was not seat-belted at the time of the impact. The Tenth Circuit agreed that the failure to seatbelt the plaintiff did not expose the plaintiff to a substantial risk of serious injury, and that the facts of the case did “not establish objective conduct that was egregious, unreasonable, and necessarily subjected [the plaintiff] to a substantial risk of serious injury.”  Fantastic work Dave and Sarah on successfully defending your client’s case on appeal.  Read the Tenth Circuit’s opinion here, and Dave and Sarah’s appellate brief here.
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