Thomas Peck had accused a UHP trooper of negligence for allegedly allowing him to fall on his face shortly after he was arrested on suspicion of drunken driving. In a lawsuit filed in 3rd District Court, Peck said he was unable to break his fall and suffered head trauma.

The Supreme Court ruled unanimously that state law gives UHP and its troopers governmental immunity from being sued over injuries arising from the incarceration of anyone in a prison, jail or “other place of legal confinement.” Even though he was not behind bars, Peck was being incarcerated at the time of his fall, the court said Tuesday.

According to court records, two troopers arrested Peck on Sept. 17, 2002, in a gas station parking lot. The officers put him in handcuffs and asked him to stand in front of their vehicle while they cleared a space in the back seat to take him to jail.

Peck stood where he was told but allegedly refused repeatedly to turn and face the cruiser and shouted at the troopers. One trooper tried to restrain him by forcing him to the ground but slipped, and Peck fell.

He later filed a lawsuit. The state responded with a motion to dismiss, arguing that Peck's injuries are covered by the incarceration exception in the law.

Judge Stephen Henriod rejected the argument and ruled that the exception barring lawsuits applies only to injuries that occur in physical facilities owned and controlled by a state or municipal government. The state appealed.

In reversing Henriod's decision, the high court justices pointed out that Peck was waiting to get into the UHP vehicle to be transported to jail and was injured while being restrained because of his belligerence. They said those factors show a clear link between his injury and his incarceration in either the county jail or the cruiser, which bars Peck from suing.

pmanson@sltrib.com