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DeVRIES v. STATE

No. 1 CA-CV 07-0399.

211 P.3d 1185 (2009)

Theresa DeVRIES, surviving parent of Lee DeVries, Deceased, Plaintiff/Appellant, v. STATE of Arizona, a body politic, and Arizona Department of Transportation, a governmental department of the State of Arizona, Defendants/Appellees.

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

March 31, 2009.

Attorney(s) appearing for the Case

John P. Leader, Tucson, Attorney for Plaintiff/Appellant.

Terry Goddard, Attorney General by Steven A. LaMar, Isaiah Fields, Phoenix, Attorneys for Defendants/Appellees.

OPINION

GEMMILL, Judge.

¶ 1 In this appeal we determine the constitutionality of a provision of the qualified immunity statute, Arizona Revised Statutes ("A.R.S.") section 12-820.02(A)(7) (2003). Based upon Article IV, Part 2, Section 18 of the Arizona Constitution and our supreme court's opinion in Clouse ex rel. Clouse v. State, 199 Ariz. 196, 16 P.3d 757 (2001), we hold...

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