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PAPENHAUSEN v. SCHOEN

No. 48100.

268 N.W.2d 565 (1978)

Virginia Rae PAPENHAUSEN, et al., Appellants, v. Kenneth SCHOEN, et al., Respondents, William McRae, et al., Respondents, Vera Likins, et al., Respondents, Richard Mulcrone, et al., Respondents, State of Minnesota, Respondent.

Supreme Court of Minnesota.

June 23, 1978.

Attorney(s) appearing for the Case

Douglas, Jaycox, Trawick & McManus, Bruce C. Douglas, Minneapolis, for appellants.

Gary Hansen, Sp. Asst. Atty. Gen., Warren Spannaus, Atty. Gen., Richard B. Allyn, Sol. Gen., Barbara D. Gill, Joseph B. Marshall, Michael R. Saeger, Richard G. Evans, Sp. Asst. Attys. Gen., St. Paul, for respondents.

Heard before TODD, SCOTT, and GODFREY, JJ., and considered and decided by the court en banc.

TODD, Justice.

This is a tort action arising out of an aggravated assault and rape committed by an escapee from the Anoka State Hospital (the state hospital) on May 25, 1976. The plaintiffs include the rape victim and members of her family. The complaint alleges negligence in the transfer of the inmate from the St. Cloud Reformatory (the reformatory) to the minimum-security facility at the state hospital. The State of Minnesota and a number of state officials are...

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