Whitney Ex Rel. Whitney v. Division of Juvenile Justice Services

ORDER AND JUDGMENT *

JEROME A. HOLMES, Circuit Judge.

Sixteen-year-old Dillon Whitney, a juvenile delinquent previously in the custody of the State of Utah, died while placed in a community-based “proctor home” in late November of 2007. While living there, he received approval for an outside home visit. However, after his home visit, Mr. Whitney made an unauthorized trip to a friend’s apartment. While at the apartment, he fell down a flight of stairs and sustained injuries that ultimately led to his death. 1

Mr. Whitney’s mother, Donna Whitney, filed suit in state court against numerous Utah…