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DOUD v. COM.

Record No. 100285.

717 S.E.2d 124 (2011)

282 Va. 317

Melissa DOUD, Administratrix of the Estate of James Ellis Proffitt v. COMMONWEALTH of Virginia.

Supreme Court of Virginia.

September 16, 2011.

Attorney(s) appearing for the Case

Robert M. Galumbeck (Galumbeck, Dennis & Kegley, on brief), for appellant.

Wesley G. Russell, Jr. , Deputy Attorney General ( Kenneth T. Cuccinelli, II , Attorney General; Catherine C. Hill , Senior Assistant Attorney General; Mary Hendricks Hawkins , Assistant Attorney General; E. Duncan Getchell, Jr., State Solicitor General, on brief), for appellee.

Present: KINSER, C.J., LEMONS, GOODWYN, and MILLETTE, JJ., and RUSSELL, S.J.

Opinion By Justice CHARLES S. RUSSELL.

This appeal presents the question whether the Commonwealth is liable, pursuant to the Virginia Tort Claims Act (VTCA), Code § 8.01-195.1 et seq., for damages incurred by a prisoner resulting from the alleged negligence of a sheriff's deputies.

Facts and Proceedings

The facts essential to the appeal are undisputed. On January 22, 2001, James Ellis Proffitt was convicted in the Circuit Court of Russell...

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