Whatcott v. City of Provo

MEMORANDUM OPINION & ORDER

BENSON, District Judge.

Before the Court is defendant’s Motion to Dismiss or, Alternatively, to Compel Discovery. Having considered the parties’ briefs and the applicable law, the Court issues the following Memorandum Opinion and Order.

I. Background

In 1999, Plaintiff Scott Whatcott was prosecuted by defendant for violating Provo City’s Telephone Harassment Ordinance. Provo City Revised Ordinance § 9/76-9-201. Plaintiff was convicted by a jury of violating the ordinance and was sentenced to serve ten days in jail.1

*629Plaintiff appealed his conviction to the Utah Court of…