Court: Utah Supreme Court
Citation: 2021 UT 29
Opinion Date: July 9, 2021
Judge: Matthew B. Durrant
Areas of Law: Personal Injury
The Supreme Court reversed in part and vacated in part the judgment of the district court denying Plaintiff’s request for a civil stalking injunction against Defendant, holding that the district court erred.
Plaintiff ran a residential treatment program for young women. Defendant, her neighbor, objected to the program’s presence in his neighborhood and flipped off and swore at Plaintiff and the program attendees, and placed provocative signs in his yard. Plaintiff sought a civil stalking injunction, which the district court denied. The Supreme Court reversed in part and vacated in part, holding (1) the district court misinterpreted the stalking statute; (2) the district court failed to assess the impact of Defendant’s conduct on a reasonable person in Plaintiff’s circumstances; (3) the district court applied an incorrect analysis in deciding that the First Amendment protected Defendant’s conduct; and (4) because the reversal of the first three issues may affect the basis for the district court’s attorney-fees decision, that decision is vacated, and the matter is remanded for a new determination.
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