State v. Godfrey

AHRENS, Presiding Judge.

Relator, State of Missouri, invokes sovereign immunity and seeks a writ of prohibition preventing respondent judge from exercising jurisdiction in the underlying action and requiring respondent to vacate his order overruling relator’s motion to dismiss. The plaintiffs’ amended petition alleges a dangerous condition at a juvenile facility operated by the State of Missouri which resulted in the wrongful death of a youth housed at the facility.

Where it appears on the face of the pleadings that defendant is immune from suit as a matter of law, prohibition is the…