Kirk v. State

In Kirk v. State, 784 P.2d 1255 (Utah Ct. App. 1989), a prison inmate escaped while being transported to the Hall of Justice to attend court proceedings. In the course of his escape, he shot an unarmed bailiff, who then brought a negligence suit against the State for his injuries. Focusing on the causal connection between the injury and incarceration in a place of legal confinement, the court of appeals held that governmental immunity applied because the "injury was caused by an incarcerated person under the control of the State."