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STATE v. SUPERIOR CT. IN CTY. OF MARICOPA

No. 1 CA-SA 95-0209.

185 Ariz. 47 (1996)

912 P.2d 51

STATE of Arizona; Kimball R. Sherwood, Petitioners, v. SUPERIOR COURT of the State of Arizona, IN AND FOR the COUNTY OF MARICOPA, the Honorable Steven D. Sheldon, a judge thereof, Respondent Judge, Johnny L. DONALDSON, Sr., and Pauline Donaldson, husband and wife, Real Parties in Interest.

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

February 20, 1996.

Attorney(s) appearing for the Case

Grant Woods, the Attorney General by Mr. Michael G. Prost and Mr. John E. Birkemeier, Assistant Attorneys General, Phoenix, for Petitioners.

Law Offices of Charles Anthony Shaw by Mr. Charles Anthony Shaw, Prescott, for Real Parties in Interest.

OPINION

LANKFORD, Presiding Judge.

The issue in this special action is whether the trial court erroneously declined to grant summary judgment for defendant based on qualified immunity. We accepted special action jurisdiction and granted relief. This opinion explains why we did so.

Defendant Kimball R. Sherwood was an employee of the Apache County Attorney's Office assigned to assist the Arizona Attorney General's Office in a criminal investigation...

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