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LUCHANSKI v. CONGROVE

No. 1 CA-CV 97-0475.

971 P.2d 636 (1998)

193 Ariz. 176

Christina and Scott LUCHANSKI, wife and husband, on their own behalf; and Christina Luchanski on behalf of her son Michael Adam, Plaintiffs-Appellants, v. Officer J.L. CONGROVE, ID #4776 and Jane Doe Congrove, husband and wife; Arizona Department of Public Safety; and the State of Arizona, Defendants-Appellees.

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

Reconsideration Denied January 14, 1999.

Attorney(s) appearing for the Case

Treon, Strick, Lucia & Aguirre, P.A. by Scott F. Frerichs, Anthony Lucia, Phoenix, for Plaintiffs-Appellants.

Wilenchik & Bartness, P.C. by Dennis I. Wilenchik, Phoenix, for Defendants-Appellees Congrove.

Grant Woods, Attorney General by John E. Wolfinger, Assistant Attorney General, Phoenix, for Defendants-Appellees State of Arizona and DPS.

OPINION

WEISBERG, Judge.

¶ 1 Christina and Scott Luchanski ("appellants") alleged in their complaint that Officer J.L. Congrove caused Christina's injuries by leaving her unattended and unsecured while she was in law enforcement custody. They appeal from the trial court's grant of appellees' motion to dismiss. We reverse in part because, even though appellees are afforded qualified immunity here, the allegations of the complaint are sufficient to allow...

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