Jensen v. Cunningham
2011 UT 17
| Utah | 2011Background
- Protracted dispute over Parker Jensen's medical care between his parents and Utah state actors.
- Doctor treated Parker diagnosed with Ewing's sarcoma; Jensens sought second opinions and alternative IPT therapy.
- DCFS reporting led to juvenile court proceedings and state custody petition.
- DCFS referred Parker's case to state court; Jensens contested necessity of chemotherapy.
- Juvenile court ordered treatment, later proceedings included protective custody and arrest warrants for the Jensens.
- Utah district court granted summary judgment relying on collateral estoppel and immunity theories; on appeal, the Utah Supreme Court rejected collateral estoppel and clarified immunity and remedies under state law.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether collateral estoppel barred state-law claims | Jensens rely on state-law rights not identical to federal claims | Defendants relied on prior federal ruling showing no federal violation | Collateral estoppel does not bar state claims |
| Whether state actors are shielded by immunity | Jensens seek damages for state-constitutional violations | Some defendants immune; others not | Quasi-judicial immunity shields Eisenman and Albritton; Wagner, Cunningham, Anderson not immune for state-constitutional damages under Spackman |
| Whether Utah Governmental Immunity Act applies to state-constitutional claims | Act does not apply to state-constitutional claims | ||
| Whether money damages are an appropriate remedy for state constitutional violations | Damages warranted under self-executing rights | Remedies inadequate; damages inappropriate | Damages not appropriate; remedies under equity preferred under Spackman |
Key Cases Cited
- Spackman ex rel. Spackman v. Bd. of Educ., 2000 UT 87 (Utah) (establishes when damages may be awarded for constitutional violations)
- Oman v. Davis Sch. Dist., 2008 UT 70 (Utah) (issue preclusion requires identical issues; distinguishes state/federal standards)
- West v. Thomson Newspapers, 872 P.2d 999 (Utah 1994) (interpretation of state constitution differs from federal analogs)
- Wells v. Children's Aid Soc'y of Utah, 681 P.2d 199 (Utah 1984) (parental rights balanced against state child welfare interests)