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HERNANDEZ v. MARICOPA COUNTY

No. 1 CA-CIV 6744.

138 Ariz. 143 (1983)

673 P.2d 341

Faustino HERNANDEZ and Frances Hernandez, husband and wife, Plaintiffs-Appellants, v. MARICOPA COUNTY, a political subdivision of the State of Arizona; David Lee Phares, Chandler Justice of the Peace; and Jane Does I-IV, individually and in their official capacities, Defendants-Appellees.

Court of Appeals of Arizona, Division 1, Department C.

December 8, 1983.

Attorney(s) appearing for the Case

Manuel S. Silvas, Phoenix, for plaintiffs-appellants.

Thomas E. Collins, Maricopa County Atty. by Louis Barry Gorman, Deputy County Atty., Phoenix, for defendants-appellees.

OPINION

CONTRERAS, Presiding Judge.

The sole issue on this appeal is whether a county can be held liable for the alleged negligence of a justice of the peace and his staff under the doctrine of respondeat superior. In the context of the case before us we hold that a county cannot be held liable and therefore affirm the summary judgment.

This litigation arose from the following facts which are not in dispute. During June, 1980, Faustino Hernandez was...

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