Madsen v. State

WILKINS, Justice:

This is a wrongful death action brought by the wife and daughter of Thomas Mad-sen, who died while he was incarcerated at the Utah State Prison. Plaintiffs appeal from an order dismissing their complaint, dismissed on the ground that the claims are barred by the Utah Governmental Immunity Act.1

In their complaint, plaintiffs allege that Madsen died on March 1, 1974, following surgery at the Utah State Prison’s hospital facilities. The complaint states that the State and its agents knew that surgery and medications would place Madsen in great peril due to his previously…