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STATE v. SANDSNESS

No. S-9910.

72 P.3d 299 (2003)

STATE of Alaska, Department of Health and Social Services, Division of Family and Youth Services, Petitioners, v. Sandra SANDSNESS and Marci Burnett, individually and as Personal Representative of the Estate of Richard P. Sandsness, and as parent and legal guardian and next friend of Ryan Burnett, Respondents.

Supreme Court of Alaska.

May 23, 2003.

Attorney(s) appearing for the Case

Robert P. Blasco, Robertson, Monagle & Eastaugh, Juneau, for Petitioner State of Alaska.

Ronald K. Melvin, Law Office of Ronald K. Melvin, Anchorage, for Respondents. [No brief filed.].

Before: FABE, Chief Justice, MATTHEWS, EASTAUGH, BRYNER, and CARPENETI, Justices.

OPINION

EASTAUGH, Justice.

I. INTRODUCTION

Darrel Whitaker shot and killed Richard Sandsness seven weeks after the State of Alaska released Whitaker, a seventeen-year-old juvenile offender, from custody. Sandsness's widow and daughter sued the state for negligence, alleging that it knew Whitaker had dangerous propensities. Denying summary judgment to the state, the superior court held that the state, in deciding whether to ask a court to...

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