Case: Hansen v. Utah Board of Pardons and Parole

2:24-cv-00203 | U.S. District Court for the District of Utah

Filed Date: Feb. 23, 2024

Case Ongoing

Clearinghouse coding complete

Case Summary

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 clau…

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)

Documents in the Clearinghouse

Document

No. 240901560 (Utah trial court)

Docket

Utah state trial court

Feb. 23, 2024

Feb. 23, 2024

Docket

No. 240901560 (Utah trial court)

Class Action Complaint and Jury Demand

Utah state trial court

Feb. 23, 2024

Feb. 23, 2024

Complaint

Docket

See docket on RECAP: https://www.courtlistener.com/docket/68354580/hansen-v-utah-board-of-pardons-and-parole/

Last updated April 3, 2024, 7:40 p.m.

ECF Number Description Date Link Date / Link
4

MOTION for Extension of Time To Respond to Plaintiff's Complaint filed by Defendants State of Utah, Utah Board of Pardons and Parole. (Attachments: # 1 Text of Proposed Order)(Cooper, Lora) Modified by correcting event type on 3/19/2024 (dle). (Entered: 03/19/2024)

March 19, 2024

March 19, 2024

PACER

Order Referring Case to Magistrate Judge

March 19, 2024

March 19, 2024

PACER
5

DOCKET TEXT ORDER REFERRING CASE to Magistrate Judge Jared C. Bennett under 28:636 (b)(1)(A), Magistrate Judge to hear and determine all nondispositive pretrial matters. No attached document. Motions referred to Jared C. Bennett. Signed by Judge Howard C. Nielson, Jr on 3/19/24. (dle) (Entered: 03/19/2024)

March 19, 2024

March 19, 2024

PACER
6

NOTICE OF MAGISTRATE JUDGE AVAILABILITY TO PRESIDE OVER CASE- Under 28 U.S.C. 636(c), Fed. R. Civ. P. 73, and DUCivR 72-4, you are hereby notified that a magistrate judge for the District of Utah may conduct any or all proceedings in this case, including a jury or bench trial and entry of a final judgment. Exercise of this jurisdiction by the magistrate judge is permitted only if all parties voluntarily sign and return the form. To consent, return the Consent Form to the clerk's office within 21 days via email at consents@utd.uscourts.gov or mail at the address on the form. Please do not efile the Consent Form in the case. Notice e-mailed or mailed to Plaintiff David Hansen, Defendants Members of the Board of Pardons, State of Utah, Utah Board of Pardons and Parole. (Notice generated by Clerk's Office) Form due by 4/9/2024. (mh) (Entered: 03/19/2024)

March 19, 2024

March 19, 2024

PACER
7

ORDER granting 4 Motion for Extension of Time to Respond to Complaint: Defendants are to respond to Plaintiff David Hansen's complaint on or before May 3, 2024. Signed by Magistrate Judge Jared C. Bennett on 3/19/24. (dle) (Entered: 03/19/2024)

March 19, 2024

March 19, 2024

PACER
8

ORDER TO PROPOSE SCHEDULE - See order for details. Signed by Magistrate Judge Jared C. Bennett on 03/19/2024. (haa) (Entered: 03/19/2024)

March 19, 2024

March 19, 2024

PACER

Case Details

State / Territory: Utah

Case Type(s):

Criminal Justice (Other)

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):

Private Plaintiff

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Pending

Defendants

State of Utah, State

Defendant Type(s):

Jurisdiction-wide

Corrections

Case Details

Causes of Action:

42 U.S.C. § 1983

State law

Constitutional Clause(s):

Due Process

Ex Post Facto

Due Process: Procedural Due Process

Available Documents:

Trial Court Docket

Complaint (any)

Outcome

Prevailing Party: None Yet / None

Nature of Relief:

None yet

Source of Relief:

None yet

Issues

General/Misc.:

Parole grant/revocation