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HEUMPHREUS v. STATE

No. 68738.

334 N.W.2d 757 (1983)

Jerry HEUMPHREUS, Administrator of the Estate of Billy Gene Heumphreus, Deceased; Teresa Heumphreus, Parent, Guardian, and next friend of Amy Heumphreus, a minor; and Teresa Heumphreus, Individually, Appellants, v. STATE of Iowa, Appellee.

Supreme Court of Iowa.

June 15, 1983.

Attorney(s) appearing for the Case

Bruce L. Walker, Iowa City, for appellants.

Thomas J. Miller, Atty. Gen., and Iris J. Post, Asst. Atty. Gen., for appellee.

Considered by UHLENHOPP, P.J., and HARRIS, McCORMICK, LARSON, and CARTER, JJ.

UHLENHOPP, Justice.

This wrongful death action by the survivors of a deceased penitentiary inmate raises a question of subject-matter jurisdiction of the district court.

In the present action the survivors filed a petition in district court against the State containing the following allegations with respect to liability:

2. Defendant operates the penal system for the state of Iowa to include the Fort Madison penitentiary and is subject to Chapter...

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