HANSEN v. SCOTT

No. 20040044.

687 N.W.2d 247 (2004)

2004 ND 179

Michelle HANSEN, Stacey Hanson, and Michelle Hansen, as Personal Representative of the Estates of Gordon and Barbara Erickstad, Plaintiffs and Appellants v. Wayne SCOTT, Ray Parra, Rey Selvera, William H. Brooks, Cathy Doyle, Veronica Ballard, Carl Jeffries, Ethel White, Larry Hermance, Cynthia Lyons, Defendants and Appellees Robert R. Lawrence, John Doe # 1, John Doe # 2, John Doe # 3, John Doe # 4, and John Doe # 5, individually, Defendants.

Supreme Court of North Dakota.

September 23, 2004.


Attorney(s) appearing for the Case

Timothy Q. Purdon (argued), Thomas A. Dickson & Justin Roness of Dickson & Purdon, Bismarck, for plaintiffs and appellants.

Rance L. Craft (argued), Ryan D. Clinton, Kristofer S. Monson, Assistant Solicitors General; David A. Harris, Assistant Attorney General, State of Texas, Austin, TX, Scott K. Porsborg (appearance) of Smith Bakke Oppegard Porsborg & Wolf, Bismarck, for defendants and appellees.

Ken R. Sorenson, Assistant Attorney General, Office of Attorney General, Bismarck, for amicus curiae North Dakota Department of Corrections and Rehabilitation.


NEUMANN, Justice.

[¶ 1] Michelle Hansen, individually and as personal representative of the estates of Gordon and Barbara Erickstad, and Stacey Hanson, the Erickstads' daughters ("daughters") appealed from a summary judgment dismissing their wrongful death and negligence claims against employees of the Texas Department of Criminal Justice ("Texas defendants"). The trial court granted summary judgment dismissing the Texas defendants as immune from suit under Texas...

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