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WALTON v. STATE

No. 16449.

733 P.2d 724 (1987)

112 Idaho 503

Pamela Kinney WALTON, individually and as Guardian for Lynn Walton, Lauri Walton and Erich Walton, minor children, Plaintiff-Appellants, v. STATE of Idaho; Idaho Department of Corrections, an Executive Department of the State of Idaho; Idaho State Board of Corrections, a Board of the State of Idaho; Darrol Gardner, individually and as the former warden of the Idaho State Correctional Institution; William Crowel, former Director of the Department of Corrections; George Bernick, Correctional Facilities Supervisor, Defendants-respondents, and John Does 1 Through 10, unknown individuals; X, Y and Z, corporations whose identity is thus far unknown, Defendants.

Supreme Court of Idaho.

February 13, 1987.

Attorney(s) appearing for the Case

G. Lance Salladay, of Risch, Goss, Insinger & Salladay, Boise, for plaintiffs-appellants.

Jim Jones, Atty. Gen., and Brian K. Julian, of Quane, Smith, Howard & Hull, Boise, for defendants-respondents.

BAKES, Justice.

This is an appeal from a district court order granting summary judgment in favor of the State of Idaho in a suit by the appellant Pamela Kinney Walton and her children. The district court found that respondents were immune from suit under the Idaho Tort Claims Act. We affirm.

Pamela Kinney Walton (Walton) was sexually assaulted and raped on October 9, 1983, by an escaped inmate of the Idaho State Penitentiary. The escapee, John Andrew Anderson...

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