Utah Code 78B-3-104. Actions against officers — Bond required — Costs and attorney fees
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(1) A person may not file an action against a law enforcement officer acting within the scope of the officer’s official duties unless the person has posted a bond in an amount determined by the court.
Terms Used In Utah Code 78B-3-104
- Person: means :(24)(a) an individual;(24)(b) an association;(24)(c) an institution;(24)(d) a corporation;(24)(e) a company;(24)(f) a trust;(24)(g) a limited liability company;(24)(h) a partnership;(24)(i) a political subdivision;(24)(j) a government office, department, division, bureau, or other body of government; and(24)(k) any other organization or entity. See Utah Code 68-3-12.5
- Plaintiff: The person who files the complaint in a civil lawsuit.
(2) The bond shall cover all estimated costs and attorney fees the officer may be expected to incur in defending the action, in the event the officer prevails.(3) The prevailing party shall recover from the losing party all costs and attorney fees allowed by the court.(4) In the event the plaintiff prevails, the official bond of the officer shall be liable for the plaintiff’s costs and attorney fees.