WAGNER v. STATE Supreme Court of Utah, 2005 2005 UT 54, 122 P.3d 599. Page 20 in Text FACTS: The plaintiff was standing in the customer service line at her local K-Mart when suddenly Sam Giese, a mentally disabled patient of the Utah State Development Center, attacked her from behind. Mr. Giese became violent and took the Plaintiff by the head and hair and threw her to the ground. Utah State Development Center employees accompanied Mr. Giese to K-Mart as part of his treatment program. PROCEDURE: The plaintiff filed a claim for recovery for injuries the plaintiff sustained when a mentally handicapped man attacked her while he was in the custody of the state. The trial court granted a motion to dismiss the plaintiff’s claims. The state argued the attack was a battery and the state is immune from tort battery. Appeal Court affirmed the ruling. Wagner petitioned The Utah Supreme Court for Review. Also affirmed. ISSUE: Whether Sam Giese’s actions are sufficient to state a claim for battery even though he is mentally