Russell v. State

On July 23,1982, Claimant was 14 years old. On that day, he was a resident at the Department of Corrections, St. Charles facility. Claimant was there for the purposes of a court-ordered evaluation. He had been to the St. Charles facility swimming pool approximately 10 times prior to July 23,1982. Claimant testified that he had not received any instructions concerning the use of the pool at any time prior to the incident in question, other than the admonishment by a supervisor that there was to be no running.

Michael LaFever testified that prior to and on the date of the incident, he was a…