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Ragsdale v. Fishler, 2020 UT 56 (Aug. 5, 2020)

Aug 5, 2020

This appeal arose from the district court’s denial of a woman’s petition for a civil stalking injunction against her neighbor who routinely flipped her off and swore at her over the course of four years. The district court denied the request for a permanent injunction, concluding that the conduct did not constitute stalking because it was directed at the woman’s business and not at her personally; the conduct would not cause a reasonable person to suffer fear or emotional distress; and the conduct was protected by the First Amendment.  On appeal, the Court concluded that the district court misapplied the civil stalking statute, reversed the district court’s rulings on each of these points, and remanded for further proceedings.