Zavalas v. State ex rel. Department of Corrections

In these consolidated negligence and wrongful death actions, plaintiffs appeal from summary judgments for the state. The issues are whether a probation officer is entitled to judicial immunity or discretionary immunity and, if not, whether there was evidence of negligence in this case.

Shonkwiler had been convicted of possession of a controlled substance and placed on five years’ probation. As a special condition of probation, she was ordered not to possess or use any illegal drugs. Within a period of five months, she admitted to her probation officer on three occasions that she had used…