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PIMA COUNTY v. HARTE

No. 2 CA-CIV 4205.

131 Ariz. 68 (1981)

638 P.2d 735

PIMA COUNTY, a body politic organized under the laws of the State of Arizona; Pima County Sheriff Clarence Dupnik, in his capacity as Pima County Sheriff; Sgt. Tony Callan, individually and as a Sheriff's Deputy; and Deputy Tim Hughes, individually and as a Sheriff's Deputy, Petitioners, v. The Honorable Lawrence K. Bret HARTE, Court Commissioner of the Superior Court of the State of Arizona, and James Moran, as father to his minor son, Michael Moran and guardian to his adult son, Thomas Moran; Karen Barke, in and for herself and her minor daughter, Tina Barke, Real Parties in Interest, Respondents.

Court of Appeals of Arizona, Division 2.

December 3, 1981.

Attorney(s) appearing for the Case

Stephen D. Neely, Pima Co. Atty., Steven L. Bosse, Tucson, for petitioners.

Stompoly & Even, P.C. by Barry Kirschner, Tucson, for respondents.

OPINION

HATHAWAY, Chief Judge.

Petitioners are the defendants in a lawsuit instituted by the real parties in interest and presently pending in Pima County Superior Court. The complaint alleged certain acts on the part of the individual defendants, Pima County deputy sheriffs, which allegedly constituted a breach of duty owed by the defendants to the plaintiffs, an unlawful arrest, excessive use of force, assault and...

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