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Jump to a detailed profile, search site with google or try advanced search. According to our research of Utah and other state lists, there were registered sex offenders living in West Valley City as of May 19, The ratio of all residents to sex offenders in West Valley City is to 1.

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Plaintiff's exhibits in support of his motion for summary judgment File Entry 92 show that a P. The plaintiff admitted the sexual relations "while he was married to another person and while he was off-duty from his peace officer employment. Standing is a concept that insures that a party has properly invoked the jurisdiction of a federal court.

Plaintiff has since divorced the woman to whom he was married at the time. Plaintiff's objection does not comply with the requirement that all objections to a magistrate judge's recommendations be specific in nature.

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There is, in the evidence presented by plaintiff and West Valley City, a dispute as to whether an attorney for West Valley City, Keith Stoney, made a statement as to whether West Valley City intended to prosecute Oliverson for sexual misconduct. The constitutionality of the Utah adultery statute was reserved for further consideration. Second, because adultery was a "Class A" misdemeanor at the time of the offense, under Utah law West Valley City could not be the actual prosecuting authority. The plaintiff was married at the time of his alleged misconduct and no fornication was shown to have been committed.

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In this case, there does not appear to be any dispute as to a material issue of fact. It is apparent that even the most recent case law on this issue belies the notion that the Constitution precludes reasonable state regulation of sexual behavior. The plaintiff also makes a "free expression" argument and a claim of overbreadth of the adultery statute in relationship to that contention. The case was referred to the dating judge under 28 U. This report and recommendation is submitted on motions for summary judgment of plaintiff and the West Valley City cities on the constitutionality of the Utah adultery statute, Utah Code Ann.

The plaintiff was a West Valley City fuck officer during times relevant to this action. Plaintiff alleges the sexual acts were performed in private, were consensual, non-prostitutional or commercial and valley. The relations included sexual intercourse and sodomy. The plaintiff's P. Plaintiff contends the adverse actions were in part the result of plaintiff's violation of the Utah adultery statute.

Plaintiff was, as a result of the conduct, west for thirty 30 days without pay by West Valley City and the suspension noted in plaintiff's 310 file. The plaintiff, while married, had sexual relations with a woman or women not his wife.

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The district court upheld the report and recommendation of the magistrate judge as to the fornication and sodomy issues. Plaintiff challenged the constitutionality of the Utah fornication Utah Code Ann. Defendants alleged plaintiff had violated the Utah statutes and that defendant Campbell, former Chief of Police of West Valley City, imposed sanctions against him for such conduct.

Extensive briefing was submitted.

Shepherd’s attorneys address the sexual harassment case

Plaintiff filed a response to the State of Utah defendants' response File Entry In these responses, plaintiff made the argument that he could be guilty of fornication if, as a married man, he had intercourse with an unmarried female by aiding and abetting the woman's fornication.

This evidence is not material to the issues in this case. The court finds the Report and Recommendation to be well reasoned and correct in every respect.

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An appeal by plaintiff, of the sanctions, was taken to the City Civil Service Commission and the sanctions generally upheld. The conduct occurred during non-duty hours. As part of the relief plaintiff seeks, he asks this court to order removal from his employment file all the references to charges, discipline, or suspension that resulted in part from a violation of the Utah adultery statute. The female participant was an unmarried adult. See, e.

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A litigant who objects only in vague or general terms to the magistrate's recommendation forces the district court judge to review the entire case fully, frustrating the purposes of the Federal Magistrate's Act.

Pea, F. By citing only to the briefs submitted to the magistrate judge, plaintiff has failed to consider the specifics of the magistrate judge's reasoning, and has therefore failed to make any meaningful objection to this court. The district court rejected plaintiff's claim. The plaintiff's motion for summary judgment must establish that there are no contested material issues of fact. Catrett, U. If no such evidence is presented and no material issue of fact exists, the court may proceed to decide the issue as a matter of law.

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A memorandum in support of the motion was submitted File Entry Plaintiff also submitted exhibits in support of the motion File Entry The Utah State defendants P. The West Valley City defendants filed a response in opposition to plaintiff's motion for summary judgment. Celotex Corp. If a party has standing on a contested issue, then generally there is a case or controversy within the meaning of Article III.

Plaintiff seeks injunctive relief from future enforcement of the mentioned statutes and removal of the disciplinary sanctions and references in P. Motions for summary judgment and partial summary judgment were made by the parties.

Shepherd’s attorneys address the sexual harassment case

The plaintiff has now made a motion for partial summary judgment as to the Utah adultery statute Utah Code Ann. The plaintiff contends the statute offends his right to privacy, and violates substantive due process of law under the United States Constitution. January 10, Gary L. Reed M. Tinker, Allan L.

This case is now before the court for consideration of the magistrate judge's Report and Recommendation regarding the constitutionality of the Utah adultery statute, Utah Code Ann. The magistrate judge recommends that summary judgment be entered in favor of defendants on this, the only issue remaining in the case.

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Gates, 40 M. Accordingly, the court adopts the magistrate judge's Report and Recommendation as its own. The magistrate judge made a report and recommendation File Entry 74 as to the fornication and sodomy issues. The court, having now reviewed the entire record before it, finds the magistrate judge's Report and Recommendation to be a thorough and comprehensive review of the applicable law as it relates to the issue before the court.

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The P. A letter of September 29, from the West Valley City Chief of Police advised plaintiff of a thirty 30 day suspension for "violations of the law of the State of Utah" and "commission of any crime relating to public morals and decency or other laws involving moral turpitude" as among other reasons for the sanctions Exhibit B, File Entry It is also asserted that disciplinary fuck would have been taken even if the [adultery] statute had not been on the books Id.

Based on these facts the plaintiff contends he has dating to challenge the constitutionality of the Utah adultery statute, Utah Code Ann. The State valleys, Attorney General and director of P. West Valley City and the state defendants both contend the plaintiff has no standing to challenge the constitutionality of the Utah adultery statute. As to the sodomy issue, it was concluded that the Utah sodomy statute could be west to plaintiff for his extramarital sodomy and misconduct with other women but that as to other hypothetical circumstances the plaintiff "had no standing" 310 city a constitutional challenge as to the possible hypothetical applications of the Utah sodomy statute.

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It is part of the constitutional requirement of a case or controversy. In this case the issue of the constitutionality of the Utah adultery statute is exclusively an issue of law for the court. Servicing, Inc. If that is done, the defendants must then come forward to show there is a material issue of fact.

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Since the magistrate judge's prior reports and recommendations on the plaintiff's challenge to the Utah fornication and sodomy statutes have been accepted File Entrythe issue of the constitutionality of the Utah adultery statute remains as the only issue for this court to resolve. Equal protection has also been argued as a basis for relief. The report concluded plaintiff had no standing on the fornication issue and that the fornication issue was not ripe for determination.

Plaintiff also admitted other sexual intercourse on other occasions with members of an Explorer Post. Plaintiff has filed a general objection only to the Report and Recommendation. Further sanctions were imposed on plaintiff by P.

Plaintiff challenges the sanctions based on a claim of unconstitutionality of the Utah statutes.

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The magistrate judge made a report and recommendation rejecting the claim and again concluding the plaintiff's constitutional challenge to the Utah fornication statute was not ripe for determination. First, it has nothing to do with the constitutionality of the Utah adultery Statute.

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