Daniel B.
Garriott (9444)
YORK HOWELL & GUYMON
10610 South Jordan Gateway, Suite 200
South Jordan, Utah 84095
Telephone: (801) 527-1040
Fax: (801) 527-1000
danielg@yorkhowell.com
Attorney for Petitioner
IN THE THIRD JUDICIAL DISTRICT COURT
IN AND FOR SALT LAKE COUNTY, STATE OF UTAH
DAVID PAUL GATTI,
AMENDED COMPLAINT
Petitioner,
vs. Civil No. 220901660
MATT MACPHERSON, Judge Amy Oliver
Respondent.
Plaintiff, David Paul Gatti, by and through its attorneys of record, hereby amends his
prior Affidavit and Summons filed in Third District West Valley Justice Court as follows:
JURISDICTION AND VENUE
1. David Paul Gatti (hereinafter “Gatti” or Plaintiff) is an individual who resides in
Salt Lake County.
2. Defendant Matt MacPherson (hereinafter “MacPherson” or Defendant) is an
individual who resides in Salt Lake County.
3. The Court has jurisdiction in this matter in accordance with Utah Code Annotated
§ 78B-3-307.
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4. Venue is properly laid with this Court in that the cause of action arose in Salt Lake
County, and the Defendant resides in Salt Lake County.
GENERAL ALLEGATIONS
5. Gatti is the Director of Transportation for the Granite School District and held this
position at all times relevant to the circumstances of this Amended Complaint.
6. Late in the afternoon of Friday, January 7, 2022 a Salt Lake County wide mask
mandate was announced by Salt Lake County Health Director Angela Dunn in an effort to combat
the communication of the Covid-19 virus. (Public Health Order of Constraint – Amended, Order
No. 2022-1). This was the second mask mandate issued by Salt Lake County since 2020 when the
Covid-19 virus pandemic had begun.
7. Pursuant to that mask mandate all individuals living in Salt Lake County, Utah were
required to wear a respirator or well-fitting mask or face covering in public spaces while indoors
or queueing outdoors.
8. Students who did not wish to wear a mask were entitled to obtain a mask exemption
through filling out a form at their school. Students having completed this process were then put
on a list and the list was distributed to the appropriate bus drivers.
9. Given the fact that the January 7, 2022 mask mandate was issued after school hours
on the weekend, no additional lists of children having mask exemptions had been distributed to
bus drivers by the morning of January 10, 2022.
10. On the morning of January 10, 2022, at approximately 6:20 a.m., the children of
Matt MacPherson attempted to board a school bus with no mask in place.
11. The driver offered the students a mask.
12. The students refused the mask and proceeded to take a seat on the bus.
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13. Matt MacPherson entered the school bus, without a mask, and began filming the
interaction between his children and the school bus driver.
14. MacPherson told the driver that the children had a mask exemption but did not
provide any paperwork to demonstrate their exemption.
15. The driver speaks English as a second language and there appeared to be somewhat
of a language barrier.
16. The driver called Gatti for assistance on the two-way radio with her limited English
abilities.
17. Gatti, who was driving another bus at the time due to shortages of drivers caused
by the Covid pandemic), attempted to provide guidance over the two-way radio for the situation.
18. Gatti understood from the driver’s explanation that there were children who were
wanting to ride the bus without masks. He explained to the driver that the parent must take the
student into the school and fill out the form the schools had available for the mask exemptions,
which they could do that morning.
19. The driver asked the students to disembark with the instruction Gatti had provided.
20. At that time, MacPherson began saying that the driver was breaking the law and
that the driver was violating the child’s civil rights.
21. MacPherson asked the driver for the name and phone number of the Director
(Gatti).
22. The driver supplied this information to MacPherson and the children disembarked
from the bus.
23. The entire exchange was captured by the video monitoring system on the bus.
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24. Gatti called MacPherson after arriving back at his office after completing the
morning route he had been driving. MacPherson began accusing Gatti of violating his daughter’s
civil rights.
25. Shortly after this exchange, Gatti was alerted that he was tagged on a Facebook
post.
26. The Facebook post read: “My daughter was removed by force from her school bus
today, as I predicted, by David Gatti the director for Granite Schools Transportation. She was
removed because of her disability, which he was made aware of prior to her removal. Her current
504 plan and prior exemptions were ignored, unilaterally, by one school administrator. My
daughter entered the bus and sat down quietly and politely. How despicable and shameful. Please
friends, contact David Gatti at 385-646-7169 and dgatti@graniteschools.org to let him know how
disgusting this is.”
27. In addition to tagging Gatti, MacPherson also tagged Aimee Winder Newton and
Laurie Stringham in this post.
28. Aimee Winder Newton is a Salt Lake County council member and has 6.3k
followers on the Facebook account that was tagged.
29. Laurie Stringham is also a Salt Lake County council member. Although the number
of friends/followers she has on Facebook is not published, 25 of her followers are also friends of
Gatti’s and would receive this post.
30. MacPherson’s post has been shared at least 7 times including to groups like Utah
Revival (35.5k members), Make Utah Great Again (300 members), and Utah for Greg Hughes
(unofficial) (6k members).
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31. A comment from user LuJean Butters Jones read “Well, You all know how to
remove David Gatti don’t you…”
32. Schott Vandenhazel wrote “The former Granger vice-principal is in district office
again.”
33. MacPherson posted to a Facebook page “Utah Parents United,” a post which read:
“My daughter was removed from her school bus forcibly for not masking, despite having an
exemption and a 504 plan in place since the beginning of the school year. I was at the bus stop
suspecting trouble and asked the driver to contact the supervisor. The supervisor was informed
three times she was exempt. He never requested any information, simply state to the driver to
remove my daughter from the bus, which she did by getting in her face and screaming, trying to
grab her arm. My daughter was humiliated in front of her classmates. My calls to the
transportation office and the district were flat ignored until I posted to Facebook video of the
encounter. Within an hour I got apologies and promises it wouldn’t happen again from the
superintendent down.”
34. The Utah Parents United Facebook page has 4.9k followers.
35. At that time, the post received 57 emojis of surprised, mad, and sad.
36. One follower, Misty Liu, commented that “unfortunately saying your sorry doesn’t
erase trauma. I would sue them.”
37. Since this incident, MacPherson has been on a crusade publicizing and criticizing
Gatti and intentionally and wrongfully smearing his name and reputation.
38. MacPherson attended a Salt Lake County Council meeting where he relayed a
version of this story. After the meeting, on the Facebook page “Salt Lake Councilman Dave
Alvord – Personal Page”, Councilman Alvord wrote: “As this mandate hit, it hit hardest at our
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schools, and I was saddened by the story told by Matt Matt MacPherson, a friend of mine from
West Valley City. I invite you to check his facebook page and read about what he and his family
went through as a result of the mandate. It was truly a horrific event, and one that could have been
avoided.” This page has 1,859 followers.
39. On January 12, 2022, MacPherson sent an email to Granite School District Legal
Counsel Doug Larson in which he requested “complete removal of parties involved.”
40. On January 15, 2022, MacPherson sent an email to the Audit and Fraud Department
of the Utah State Office of Education, in which he described the incident and claimed that his
daughter’s removal from the bus “was done with aggressive and forceful language and an attempt
at grabbing or hitting her arm.”
41. On January 18, 2022, MacPherson sent an email to Doug Larson in which he stated
that he had spoken to Granite School District board member Terry Bawden regarding this issue.
42. On January 19, 20200, Benjamin Rasmussen of the Utah State Office of Education
sent an email to Doug Larson in which Mr. Rasmussen informed Mr. Larson that they had received
a complaint from MacPherson and was forwarding that complaint to UPPAC for “review and
action, as necessary.”
43. UPPAC did look at the claims and decided that the case did not merit investigation
and no action was taken by them.
44. MacPherson wrote an email to Richard Nye (Superintendent of Granite School
District) in which he indicated he was “hereby filing two ADA complaints against Granite School
District employees David Gatti and Patty (bus driver).” MacPherson, in those complaints, alleges
that “Dr. Gatti has shown a pattern of abuse of his power, his inability to remain professional, his
lack of knowledge of School district policy, and Federal Civil Rights laws, his disregard for his
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drivers and the children on his busses, and a tendency to harass and retaliate against those who
bring up complaints or accusations against him.”
45. On January 29, 2022, MacPherson wrote an email to Doug Larson in which he
stated: “I have also alleged many times that the actions taken MAY rise to the level of assault,
which in Utah doesn’t apply to minors. Assault on a minor is child abuse under Utah law. It was
my impression that Granite PD would investigate to determine if the elements of this incident met
the statutory requirements of this crime.”
46. In an email from MacPherson to Chief Randall Porter of the Granite Police
Department, MacPherson wrote, “I have alleged many times that this was abuse and assault,
classified as child abuse under Utah law. I have also alleged that the bus driver and David Gatti
(director of transportation) have violated a public health order, which is a class b misdemeanor….
I was under the impression may Utah police department policies have mandatory reporting and
investigation requirements for any alleged domestic and child abuse.”
47. MacPherson then filed a formal complaint against the “sergeant with who I
interacted and whichever officer(s) failed to investigate my daughters abuse”, as stated in that
complaint.
48. On January 31, 2022, Lieutenant John Lake, of the Granite Police Department sent
an email to Doug Larson, in which he stated: “I received this email from the parent, Matt
MacPherson, who you met with to show bus video relating to hid daughter being asked to exit the
bus. He is alleging that his daughter was a victim of child abuse. He is also alleging that the bus
driver and Dr. Gatti violated the health order. I am not aware of any conduct or evidence of child
abuse.”
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49. Video recordings from inside of the bus show that David Gatti was never on the
bus. They also show that neither he, nor the driver, ever removed anyone on the bus by “force”.
They further show that the driver remained calm and professional. There was never any shouting,
waiving of the arms or attempted grabs from the bus driver. MacPherson’s allegations to the
contrary were exaggerated and untrue.
50. Upon information and belief, MacPherson has continued this crusade and made
other statements and publications in addition to those identified herein.
FIRST CAUSE OF ACTION
(Libel Per Se)
51. Plaintiff incorporates by reference the allegations contained in the prior paragraphs
as though set forth herein.
52. As described in the paragraphs above, beginning on January 10, 2022, MacPherson
has caused to be published on social media outlets including but not limited to Facebook, through
email, and other methods statements about and concerning Gatti that are libel per se as they falsely
allege Gatti has committed crimes including child abuse, assault, shown a pattern of abuse of his
power, inability to remain professional, lack of knowledge of School district policy and Federal
Civil Rights laws, disregard for his drivers and the children on his busses, and a tendency to harass
and retaliate against those who bring up complaints or accusations against him, among other
statements.
53. Said publications were made with malice and intended to harm Gatti.
54. MacPherson knew these statements were false because he was on the bus, saw that
Gatti was not on the bus and therefore could not remove his child by force, and has watched the
video feed from the bus.
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55. Said publications directly and adversely reflect on Gatti’s fitness to engage in his
business, trade and/or profession.
56. As a direct and proximate result of MacPherson’s conduct and/or misconduct Gatti
has suffered damages including but not limited to: severe emotional distress; emotional pain and
suffering, ; physical pain and suffering; loss of past, present, and future employment opportunities;
financial devastation,; irreparable loss of reputation, esteem, self-worth, goodwill, trust, respect,
social and family relationships; depression; anxiety; inability to sleep; fear of being arrested;
frustration; inability to function socially; subject to public ridicule, judgment , and criticism; loss
of enjoyment in life; humiliation; and embarrassment in an amount to be determined at trial.
57. Defendant MacPherson by virtue of his acts should be liable for punitive damages
of not less than 3 times compensatory damages pursuant to Utah Code Ann. § 78B-8-201.
58. Defendant MacPherson should further be ordered by the Court to delete all of the
false statements he has made and issue a retraction of those false statements.
SECOND CAUSE OF ACTION
(Slander Per Se)
59. Plaintiff incorporates by reference the allegations contained in the prior paragraphs
as though set forth herein.
60. As described in the paragraphs above, beginning on January 10, 2022, MacPherson
has publicly and privately to members of the Salt Lake County Council, Granite School District
School Board, employees of Granite School District, including Gatti’s supervisors and co-workers,
various policing agencies, and other individuals false statements that are slander per se including
that Gatti has committed crimes including child abuse, assault, shown a pattern of abuse of his
power, inability to remain professional, lack of knowledge of School district policy and Federal
Civil Rights laws, disregard for his drivers and the children on his busses, and a tendency to harass
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and retaliate against those who bring up complaints or accusations against him, among other
statements.
61. Said publications were made with malice and intended to harm Gatti.
62. MacPherson knew these statements were false because he was on the bus, saw that
Gatti was not on the bus and therefore could not remove his child by force, and has watched the
video feed from the bus.
63. Said publications directly and adversely reflect on Gatti’s fitness to engage in his
business, trade and/or profession.
64. As a direct and proximate result of MacPherson’s conduct and/or misconduct Gatti
has suffered damages including but not limited to: severe emotional distress; emotional pain and
suffering, ; physical pain and suffering; loss of past, present, and future employment opportunities;
financial devastation,; irreparable loss of reputation, esteem, self-worth, goodwill, trust, respect,
social and family relationships; depression; anxiety; inability to sleep; fear of being arrested;
frustration; inability to function socially; subject to public ridicule, judgment , and criticism; loss
of enjoyment in life; humiliation; and embarrassment in an amount to be determined at trial.
65. Defendant MacPherson by virtue of his acts should be liable for punitive damages
of not less than 3 times compensatory damages pursuant to Utah Code Ann. § 78B-8-201.
THIRD CAUSE OF ACTION
(Tortious Interference)
66. Plaintiff incorporates by reference the allegations contained in the prior paragraphs
as though set forth herein.
67. Over the course of decades through obtaining educational degrees, working in
numerous different roles to obtain experience, Gatti obtained the position of Director of
Transportation for Granite School District, as alleged herein.
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68. It is Gatti’s intention and hope to continue to advance and further his career in the
educational and education administration field.
69. In addition to the education and experience he has obtained, in order for him to
advance, it is required that Gatti also have a stellar reputation, which he does.
70. Advancement in his career will provide him advancement in salary, financial, and
other benefits.
71. MacPherson is aware of Gatti’s economic expectations.
72. MacPherson engaged in intentional actions that interfered with Gatti’s economic
expectations, and intentionally has interfered with his employment.
73. MacPherson has gone so far as to request a “complete removal of the parties
involved”, which include Gatti.
74. MacPherson interfered with Gatti’s economic expectations for wrongful purposes
and/or through wrongful means.
75. Gatti has suffered damages as a direct and proximate result of Defendant’s tortious
interference with these economic expectations.
FOURTH CAUSE OF ACTION
(Invasion of Privacy – False Light)
76. Plaintiff incorporates by reference the allegations contained in the prior paragraphs
as though set forth herein.
77. As described in the paragraphs above, beginning on January 10, 2022, with the
direct intention to place Gatti in a false light, did publish statements publicly and privately to
members of the Salt Lake County Council, Granite School District School Board, employees of
Granite School District, including Gatti’s supervisors and co-workers, various policing agencies,
and other individuals false statements that are slander per se including that Gatti has committed
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crimes including child abuse, assault, shown a pattern of abuse of his power, inability to remain
professional, lack of knowledge of School district policy and Federal Civil Rights laws, disregard
for his drivers and the children on his busses, and a tendency to harass and retaliate against those
who bring up complaints or accusations against him, among other statements.
78. As described in the paragraphs above, beginning on January 10, 2022, with the
direct intention to place Gatti in a false light caused to be published on social media outlets
including but not limited to Facebook, through email, and other methods statements about and
concerning Gatti that are libel per se as they falsely allege Gatti has committed crimes including
child abuse, assault, shown a pattern of abuse of his power, inability to remain professional, lack
of knowledge of School district policy and Federal Civil Rights laws, disregard for his drivers and
the children on his busses, and a tendency to harass and retaliate against those who bring up
complaints or accusations against him, among other statements.
79. Said statements and publications were made with malice and intended to harm
Gatti.
80. MacPherson knew these statements were false because he was on the bus, saw that
Gatti was not on the bus and therefore could not remove his child by force, and has watched the
video feed from the bus.
81. Said statements and publications directly and adversely reflect on Gatti’s fitness to
engage in his business, trade and/or profession.
82. As a direct and proximate result of MacPherson’s conduct and/or misconduct Gatti
has suffered damages including but not limited to: severe emotional distress; emotional pain and
suffering, ; physical pain and suffering; loss of past, present, and future employment opportunities;
financial devastation,; irreparable loss of reputation, esteem, self-worth, goodwill, trust, respect,
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social and family relationships; depression; anxiety; inability to sleep; fear of being arrested;
frustration; inability to function socially; subject to public ridicule, judgment , and criticism; loss
of enjoyment in life; humiliation; and embarrassment in an amount to be determined at trial.
83. Defendant MacPherson by virtue of his acts should be liable for punitive damages
of not less than 3 times compensatory damages pursuant to Utah Code Ann. § 78B-8-201.
PRAYER FOR RELIEF
WHEREFORE, Plaintiff prays for judgment against Defendants as follows:
For an award of damages, in an amount to be proven at trial, but thought to be no less than
$100,000.00;
For an award of punitive damages;
For Plaintiff’s costs in this action and reasonable attorney fees;
For an order requiring MacPherson to remove all false and negative comments he has made
about Plaintiff and this situation;
For an order requiring MacPherson to issue a retraction, correcting all of the false and
negative comments he has made about Plaintiff and this situation; and,
For such other relief as the Court deems just and appropriate under the circumstances.
DATED this 29th day of April, 2022.
YORK HOWELL & GUYMON
/s/ Daniel B. Garriott
Daniel B. Garriott
Attorney for Petitioner
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CERTIFICATE OF SERVICE
I hereby certify that, on this 29th day of April, 2022, I caused a true and correct copy of
the foregoing AMENDED COMPLAINT to be electronically filed with the Court which
provided electronic notification to all parties by operation of the Court’s electronic filing system
to the following:
Erik A. Christiansen
Abigail M. Dizon-Maughan
PARSONS BEHLE & LATIMER
201 South Main Street, Ste. 1800
Salt Lake City, UT 84111
EChristiansen@parsonsbehle.com
adm@parsonsbehle.com
YORK HOWELL & GUYMON
/s/ Karson Ashby
Karson Ashby
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