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HOPOVAC v. STATE, DEPT. OF CORRECTIONS

No. 33992-1-III.

391 P.3d 570 (2017)

Ahmet HOPOVAC, Appellant, v. STATE of Washington, DEPARTMENT OF CORRECTIONS, and Kimberly Allen, Respondents.

Court of Appeals of Washington, Division 3.

February 14, 2017.

Attorney(s) appearing for the Case

Breean Lawrence Beggs , Paukert & Troppmann, PLLC, 522 W. Riverside Ave., Ste. 560, Spokane, WA, 99201-0519, Mark James Harris , Maxey Law Offices PS, 1835 W. Broadway Ave., Spokane, WA, 99201-1819, for Appellant.

Carl Perry Warring , Washington State Atty. General, 1116 W. Riverside Ave., Ste. 100, Spokane, WA, 99201-9106, for Respondents.

¶ 1 We answer the question of whether the Department of Corrections (Department) owes a duty of care to protect felons under its supervision from the intentional torts of third parties. For such a duty to exist, Restatement (Second) of Torts § 314A(4) (Am. Law Inst. 1965) would require felons to be in the custody...

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