A federal judge has dismissed a lawsuit brought by a Utah Air National Guard member who said bad legal advice cost him a promotion.
In a ruling issued Monday, U.S. District Court Judge Robert J. Shelby said Mark Viau has no legal grounds to bring federal civil rights against the Utah Air National Guard, or legal malpractice and negligent employment claims against the state of Utah. Viau initially filed his lawsuit in state court and then transferred it to federal court, allowing Shelby to rule on both issues.
Shelby said that the Utah Governmental Immunity Act barred Viau's claims against the state and any of its entities. In August, Shelby dismissed the United States as a defendant.