2006 Utah Code - 77-38-11 — Enforcement -- Appellate Review -- No right to money damages.

     77-38-11.   Enforcement -- Appellate Review -- No right to money damages.
     (1) If a person acting under color of state law willfully or wantonly fails to perform duties so that the rights in this chapter are not provided, an action for injunctive relief, including prospective injunctive relief, may be brought against the individual and the governmental entity that employs the individual.
     (2) (a) The victim of a crime or representative of a victim of a crime, including any Victims' Rights Committee as defined in Section 77-37-5 may:
     (i) bring an action for declaratory relief or for a writ of mandamus defining or enforcing the rights of victims and the obligations of government entities under this chapter; and
     (ii) petition to file an amicus brief in any court in any case affecting crime victims.
     (b) Adverse rulings on these actions or on a motion or request brought by a victim of a crime or a representative of a victim of a crime may be appealed under the rules governing appellate actions, provided that no appeal shall constitute grounds for delaying any criminal or juvenile proceeding.
     (c) An appellate court shall review all such properly presented issues, including issues that are capable of repetition but would otherwise evade review.
     (3) The failure to provide the rights in this chapter or Title 77, Chapter 37, Victims Rights, shall not constitute cause for a judgment against the state or any government entity, or any individual employed by the state or any government entity, for monetary damages, attorneys' fees, or the costs of exercising any rights under this chapter.

Amended by Chapter 79, 1996 General Session