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CLOUSE v. STATE, DEPT. OF PUBLIC SAFETY

No. CV-99-0023-PR.

11 P.3d 1012 (2000)

198 Ariz. 473

Merlin Lyneer CLOUSE, individually, as surviving spouse of Norma Clouse and on behalf of Guy Michael Clouse, surviving son of Norma Clouse; Guy Michael Clouse, individually; Lisandro and Salinas and Debra Maria Salinas, individually and as husband and wife; Amber Salinas, Lissandra Salinas and Nathaniel Salinas, minor children of Lisandro Salinas, Plaintiffs-Appellants, v. STATE of Arizona, DEPARTMENT OF PUBLIC SAFETY, A.E. Dobbins, Defendants-Appellees. Merlin Lyneer Clouse, individually as surviving spouse of Norma Clouse and on behalf of Guy Michael Clouse, surviving son of Norma Clouse; Guy Michael Clouse, individually; Lisandro Salinas and Debra Maria Salinas, individually and as husband and wife; Amber Salinas, Lissandra Salinas and Nathaniel Salinas, minor children of Lisandro Salinas, Plaintiffs-Appellees, v. State of Arizona, Department of Public Safety; Maricopa County; and Andrew Dobbins, Defendants-Appellants.

Supreme Court of Arizona, En Banc.

Reconsideration Denied January 9, 2001.

Attorney(s) appearing for the Case

Coppersmith, Gordon, Schermer, Owens & Nelson, P.L.C. by Andrew S. Gordon, and Kristen B. Rosati, Phoenix, Attorneys for Plaintiffs Clouse and Salinas.

Janet Napolitano, The Attorney General by John E. Birkemeier, Assistant Attorney General and Richard F. Albrecht, Assistant Attorney General, and Thomas J. Dennis, Assistant Attorney General, and Randall M. Howe, Assistant Attorney General, Phoenix, Attorneys for the State of Arizona and Dobbins.

The Langerman Law Offices by Amy G. Langerman, Phoenix, Attorneys for Amicus Curiae, Arizona Trial Lawyers Association.

Jones, Skelton & Hochuli by David C. Lewis, Phoenix, Attorneys for Amicus Curiae City of Phoenix and Arizona County Supervisors Association.

Law Offices of David R. Merkel by David R. Merkel, Tempe, Attorneys for Amicus Curiae League of Arizona Towns and Cities.

Copple, Chamberlin, Boehm & Murphy, P.C. by Scott E. Boehm, Phoenix, Attorneys for Amicus Curiae City of Scottsdale.

OPINION

McGREGOR, Justice.

¶ 1 We accepted review to decide whether the legislature exceeded its constitutional authority when it adopted Arizona Revised Statutes Annotated (A.R.S.) section 12-820.02.A.1, which provides qualified immunity to public entities and employees for an employee's failure to retain an arrested person in custody. We conclude that the legislature acted within the power granted it by article IV, part 2, section 18 of the Arizona...

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