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KELLEY v. STATE

No. 25254-6-II.

17 P.3d 1189 (2000)

104 Wash.App. 328

Deborah K. KELLEY, Appellant, v. STATE of Washington, Department of Corrections, Respondent.

Court of Appeals of Washington, Division 2.

Publication Ordered February 1, 2001.

Attorney(s) appearing for the Case

Sidney Stillerman Royer and Mark Leemon, Schroeter Goldmark & Bender, Seattle, for Appellant.

Glen Andrew Anderson, Assistant Attorney General, Olympia, for Respondent.

ARMSTRONG, C.J.

Kevin Ingalls assaulted Deborah Kelley while he was on community custody status. Kelley sued the Department of Corrections (DOC), claiming that Ingalls' community corrections officer (CCO), Dale Dewey, negligently supervised Ingalls. By statute, DOC is liable only for conduct that amounts to gross negligence. Dewey failed to discover that Ingalls had violated his curfew when police found him in a motel room one night and had possibly violated his curfew...

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