53B-27-204. Cause of action.
| (1) |
The following persons may bring an action in a state court of competent jurisdiction to enjoin a violation of this part or to recover compensatory damages, reasonable court costs, or reasonable attorney fees:
Terms Used In Utah Code 53B-27-204- Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
- institution: means an institution of higher education listed in Section 53B-1-102. See Utah Code 53B-27-102
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Person: means :Utah Code 68-3-12.5
- Plaintiff: The person who files the complaint in a civil lawsuit.
- State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 68-3-12.5
| (a) |
the attorney general; or |
| (b) |
a person claiming that the person’s expressive rights, as described in this part, were violated. |
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| (2) |
In an action brought under this part, if the court finds a violation of this part, the court:
| (a) |
shall enjoin the violation; |
| (b) |
shall, if a person whose expressive rights were violated brought the action, award the person:
| (i) |
at least $500 for an initial violation; and |
| (ii) |
if the person notifies the institution of the violation, $50 for each day the violation continues after the notification; and |
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| (c) |
may award a prevailing plaintiff:
| (i) |
compensatory damages; |
| (ii) |
reasonable court costs; or |
| (iii) |
reasonable attorney fees. |
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Enacted by Chapter 440, 2017 General Session
