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HENKE v. SUPERIOR COURT

No. 1 CA-SA 88-253.

161 Ariz. 96 (1989)

775 P.2d 1160

Leo HENKE, a parole officer of the Department of Corrections, State of Arizona, Petitioners, v. SUPERIOR COURT OF the STATE OF ARIZONA, In and For the COUNTY OF MARICOPA, Honorable Stephen A. Gerst, a judge thereof, Respondent Judge, Craig KESSLER, as Guardian for Plaintiffs/Minor Children, Real Parties in Interest.

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

As Corrected May 10, 1989.

Reconsideration Denied July 11, 1989.

Attorney(s) appearing for the Case

Robert K. Corbin, Atty. Gen. by Ronald J. Greenhalgh, Asst. Atty. Gen., Phoenix, for petitioners.

Risner & Graham by Kenneth K. Graham, Tucson, for real parties in interest.

OPINION

GRANT, Chief Judge.

This special action arises from a lawsuit filed against the state, the Department of Corrections (DOC) and a DOC parole officer by the guardian of three young children who were molested by a paroled child molester. The parole officer, Leo Henke, asks us to take jurisdiction of this special action and order the trial court to dismiss him from the lawsuit.

Henke raises two issues of first impression in Arizona:

1....

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