Spackman v. Board of Education
In Spackman v. Board of Education, 2000 UT 87, 16 P.3d 533, the Court noted that the common law gives the judiciary authority to provide civil remedies for constitutional violations under appropriate circumstances.
Taking advantage of that authority, the Court specified that to proceed with a private suit for damages under a constitutional tort theory, a plaintiff must establish three elements:
First, a plaintiff must establish that he or she suffered a "flagrant" violation of his or her constitutional rights. . . .
Second, a plaintiff must establish that existing remedies do not redress his or her injuries. . . .
Third, a plaintiff must establish that equitable relief, such as an injunction, was and is wholly inadequate to protect the plaintiff's rights or redress his or her injuries.