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FITZPATRICK v. STATE

No. 88-657.

439 N.W.2d 663 (1989)

Michael F. FITZPATRICK, Connie Fitzpatrick, Michael Ryan Fitzpatrick, and Bryan Fitzpatrick, Appellants, v. STATE of Iowa; Iowa Board of Parole, An Agency of the State of Iowa; Tom J. Molamphy, Both Individually and as a Parole Officer of the State of Iowa; William L. Gillman, Both Individually and as Director of the Fourth Judicial District Department of Correctional Services, Appellees.

Supreme Court of Iowa.

April 19, 1989.

Attorney(s) appearing for the Case

Bruce H. Stoltze of Brick, Seckington, Bowers, Swartz & Gentry, P.C., Des Moines, for appellants.

Thomas J. Miller, Atty. Gen., Eleanor E. Lynn, Asst. Atty. Gen., for appellees.

Considered en banc.

CARTER, Justice.

The plaintiff, Michael F. Fitzpatrick, is a police officer in the State of Washington who alleges he was shot and seriously injured by a burglary suspect who proved to be on parole from the Iowa State Penitentiary. The officer and members of his family commenced the present action against the State of Iowa, the Iowa Board of Parole, the suspect's parole officer, and the parole officer's supervisor. Recovery was sought under the Iowa Tort Claims Act...

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