BISHOP, Judge.
Steven Earle (Earle), the plaintiff below, appeals from an order of the Circuit Court for Washington County (Corderman, J.) granting the appellees', the State and Robert Gunnell (Gunnell), motion to dismiss/motion for summary judgment. We discern three issues from the appellant's brief. The first two of these issues are similar to those addressed by the Court of Appeals this term in McCullough v. Wittner,
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