LYONS v. STATE BY HUMPHREY BY PUNG

No. CO-84-1447.

366 N.W.2d 621 (1985)

Brian J. LYONS, Appellant, v. STATE of Minnesota, by Hubert H. HUMPHREY III, Attorney General, by Orville B. PUNG, Commissioner Department of Corrections, and Robert Erickson, Warden Minnesota Correctional Facility, Stillwater, Minnesota, Respondents.

Court of Appeals of Minnesota.

Review Denied June 27, 1985.


Attorney(s) appearing for the Case

William M. Dickel, Minneapolis, for appellant.

Hubert H. Humphrey, III, Atty. Gen., Cheryl A. Thomas, Sp. Asst. Atty. Gen., St. Paul, for respondents.

Heard, considered and decided by SEDGWICK, P.J., and FOLEY and CRIPPEN, JJ.


OPINION

SEDGWICK, Judge.

Inmate Brian J. Lyons appeals summary judgment dismissing his claims against the state for negligent supervision and negligent provision of a potential weapon to an inmate.

FACTS

On March 12, 1983, plaintiff/appellant Brian J. Lyons fought with another inmate, Thomas Lamb, in the recreation area at the Minnesota Correctional Facility at Stillwater. Lamb stabbed appellant seven times with a laundry pin fastener....

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