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GRIMM v. ARIZONA BOARD OF PARDONS AND PAROLES

No. 2 CA-CIV 2054.

26 Ariz. App. 591 (1976)

550 P.2d 637

Edna GRIMM and John Grimm, wife and husband, the surviving natural parents of John Grimm, Deceased, and Robert and Pat Bennett, husband and wife, Appellants, v. The ARIZONA BOARD OF PARDONS AND PAROLES, Walter Jacobs, Walter Michaels and Donald Simmons, members of the Arizona Board of Pardons and Paroles, Appellees.

Court of Appeals of Arizona, Division 2.

Rehearing Denied July 16, 1976.

Review Granted September 14, 1976.

Attorney(s) appearing for the Case

Stompoly & Even by John G. Stompoly, Tucson, for appellants.

Fish, Briney, Duffield & Miller, P.C. by Clifford J. Hofmann, Tucson, for appellees.

OPINION

HOWARD, Chief Judge.

Can the Board of Pardons and Paroles and its members be liable in tort for its negligence in placing an inmate on parole? This is the determinative issue in this case.

Appellants, plaintiffs below, brought this wrongful death action against appellees alleging that they were grossly negligent in releasing one Mitchell Thomas Blazak from the Arizona State Prison before the expiration of his sentence. This is an appeal from...

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