Jennifer Spackman, by and Through Her Parents and Guardians, Delbert and Laura Spackman, Plaintiff and Appellant, V…

Summary

Answering a question certified by the Federal District Court under Utah R. App. P. 41, the Utah Supreme Court held that both the Due Process Clause (Utah Const. art. I, sec. 7) and the Free and Equal Public Education Clause (Utah Const. art. X, sec. 1) are self-executing provisions enforceable without implementing legislation. The court clarified that self-execution does not automatically confer a damages remedy and announced a three-element framework for private damages suits: a flagrant violation of clearly established constitutional rights, inadequacy of existing remedies, and wholesale inadequacy of equitable relief. Tracing its damages authority to the common law rather than any express constitutional or statutory command, the court left application of the framework to the certifying district court.