Epting v. State
In Epting v. State, 546 P.2d 242, 243 (Utah 1976) a prisoner escaped from a work release program and killed a woman. Her children brought a negligence claim against the State.
The Court concluded that their claim was barred by govermental immunity because the woman's death either arose out of the discretionary choice of placing the inmate in the work release program or arose out of his incarceration in the state prison.
Thus, in applying the term "arises out of . . . incarceration in a place of legal confinement," the Court focused on the causal connection between the injury and incarceration in a place of legal confinement, rather than focusing spatially on whether the actual injury occurred within a "place of legal confinement."