Utah Code 53B-27-204. Cause of action
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(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 :(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.
- 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
(1)(a) the attorney general; or(1)(b) a person claiming that the person’s expressive rights, as described in this part, were violated.
(2) In an action brought under this part, if the court finds a violation of this part, the court:
(2)(a) shall enjoin the violation;
(2)(b) shall, if a person whose expressive rights were violated brought the action, award the person:
(2)(b)(i) at least $500 for an initial violation; and
(2)(b)(ii) if the person notifies the institution of the violation, $50 for each day the violation continues after the notification; and
(2)(c) may award a prevailing plaintiff:
(2)(c)(i) compensatory damages;
(2)(c)(ii) reasonable court costs; or
(2)(c)(iii) reasonable attorney fees.
(3) Notwithstanding Title 63G, Chapter 7, Governmental Immunity Act of Utah, an institution that violates this part is not immune from suit or liability for the violation.