Susan E. RYAN, As Administrator of the Estate of Brian McDonald, Plaintiff/Appellee,
v.
Mark NAPIER, Pima County Sheriff; and Joseph Klein, Defendants/Appellants.
Supreme Court of Arizona.https://leagle.com/images/logo.png
Filed August 23, 2018.
Filed August 23, 2018.
Attorney(s) appearing for the Case
Barbara LaWall , Pima County Attorney, Nancy J. Davis (argued), Deputy County Attorney, Tucson, Attorneys for Mark Napier, Pima County Sheriff, and Joseph Klein.
Amy Hernandez (argued), Dwyer Hernandez, P.C., Tucson, Attorneys for Susan E. Ryan.
Stanley G. Feldman , Miller, Pitt, Feldman & McAnally, P.C., Tucson; David L. Abney , Ahwatukee Legal Office, P.C., Phoenix, Attorneys for Amicus Curiae Arizona Association for Justice/Arizona Trial Lawyers Association Nicholas D. Acedo, Jacob B. Lee, Struck Love Bojanowski & Acedo, PLC, Chandler, Attorneys for Amici Curiae League of Arizona Cities and Towns, Arizona Association of Chiefs of Police, Arizona Municipal Risk Retention Pool, Apache County Sheriff Joe Dedman, Cochise County Sheriff Mark Dannels, Coconino County Sheriff Jim Driscoll, Gila County Sheriff Adam Shepherd, Graham County Sheriff Preston Allred, Greenlee County Sheriff Tim Sumner, La Paz County Sheriff Bill Risen, Maricopa County Sheriff Paul Penzone, Mohave County Sheriff Doug Schuster, Navajo County Sheriff Kelly Clark, Pinal County Sheriff Mark Lamb, Santa Cruz County Sheriff Tony Estrada, Yavapai County Sheriff Scott Mascher, Yuma County Sheriff Leon Wilmot.
JUSTICE TIMMER authored the opinion of the Court, in which CHIEF JUSTICE BALES, VICE CHIEF JUSTICE BRUTINEL, and JUSTICES PELANDER, BOLICK, GOULD, and LOPEZ joined.
JUSTICETIMMER, opinion of the Court:
¶ 1 The negligence claimant here recovered damages for dog-bite injuries he received when a law enforcement officer intentionally released a police dog against him. We today hold that plaintiffs cannot assert a negligence claim based solely on an officer's intentional use of physical force. The appropriate...
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