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COONEY v. HOOKS

No. C4-93-1877.

535 N.W.2d 609 (1995)

Patrick J. COONEY, Petitioner, Appellant, v. Bolden HOOKS, Defendant, Hennepin County, Respondent.

Supreme Court of Minnesota.

July 28, 1995.

Attorney(s) appearing for the Case

Patrick W. Ledray, Minneapolis, for appellant.

Michael O. Freeman, Hennepin County Atty., Karla F. Hancock, Sr. Asst. County Atty., Minneapolis, for respondent.

Heard, considered and decided by the court en banc.

OPINION

COYNE, Justice.

Plaintiff Patrick J. Cooney sued Hennepin County and Bolden Hooks, claiming that while he was detained on a DWI charge in the Hennepin County Adult Detention Center (hereafter "jail"), he was sexually assaulted by Hooks, a fellow detainee. Hooks was subsequently acquitted of a felony charge arising from the incident. The issue in this suit against defendant county is whether the county is civilly liable for negligent breach of a duty...

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