Clouse v. STATE, DPS

OPINION

NOYES, Judge.

¶ 1 A criminal was released due to alleged negligence by officers of the Department of Public Safety (“DPS”) and the Maricopa County Sheriffs Office (“MCSO”), and he then victimized the Plaintiffs, who sued the officers and their employers. The trial court, in accordance with Arizona Revised Statutes Annotated (“A.R.S.”) section 12-820.02(A)(1) (1989), instructed the jury that officers are liable for failure to retain an arrested person in custody only if the officers intend to cause injury or are grossly negligent. Plaintiffs argue that the statute is unconstitutional. We…