Filed Date: Feb. 23, 2024
Case Ongoing
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This class action lawsuit challenges the Utah Board of Pardons' parole procedures. On February 23, 2024, a parolee filed suit in the Third Judicial District Court for Salt Lake County, Utah against the Utah Board of Pardons and Parole, the individual members of the Board, and the State of Utah. 2024 WL 752313. Represented by private counsel, plaintiff brought a claim under 42 U.S.C. § 1983 and the Utah State Constitution for violations of the federal and state due process and ex post facto clauses. The complaint stated that plaintiff pled guilty to second degree murder in 1987 with the understanding that, under Utah law, his eventual term of parole would terminate after three years without violation. Instead of applying the law in effect at the time the plaintiff's sentence was imposed, the Utah Board of Pardons allegedly applied an amended law which provides that defendants with indeterminate sentences are subject to a parole term extending through the expiration of their maximum sentence. Plaintiff sought relief on behalf of a class of individuals who committed a crime when the law capping the duration of parole was still in effect, completed the three year period without violation, but still did not have their parole terminated. Plaintiff sought injunctive relief prohibiting the Board of Pardons from retroactively applying Utah Code § 76-3-202 to the class and requiring the Board to terminate parole for all class members in compliance. He also sought damages and declaratory relief on behalf of the class.
The case was assigned to Judge Charles Stormont in Salt Lake County. On March 18, 2024, defendants filed a notice of removal to federal court in the United States District Court for the District of Utah, Central Division. The case was then referred to Magistrate Judge Jared C. Bennett.
As of April 2024, this case is ongoing.
Summary Authors
Grayson Metzger (4/3/2024)
For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/68354580/parties/hansen-v-utah-board-of-pardons-and-parole/
Baczynski, Daniel M. (Utah)
Cooper, Lora E. (Utah)
Reyes, Sean D. (Utah)
See docket on RECAP: https://www.courtlistener.com/docket/68354580/hansen-v-utah-board-of-pardons-and-parole/
Last updated May 6, 2025, 3:41 a.m.
State / Territory: Utah
Case Type(s):
Key Dates
Filing Date: Feb. 23, 2024
Case Ongoing: Yes
Plaintiffs
Plaintiff Description:
Individual and a putative class of individuals who: (1) committed a crime; (2) when, at the time of the crime, Utah law included a mandatory cap on the duration of parole; and (3) the person completed the mandatory cap on the duration of parole without committing a parole violation; but (4) the person did not have their sentence and parole terminated after three years of completing parole.
Plaintiff Type(s):
Public Interest Lawyer: No
Filed Pro Se: No
Class Action Sought: Yes
Class Action Outcome: Pending
Defendants
Defendant Type(s):
Case Details
Causes of Action:
Constitutional Clause(s):
Due Process: Procedural Due Process
Available Documents:
Outcome
Prevailing Party: None Yet / None
Nature of Relief:
Source of Relief:
Issues
General/Misc.: