Calnimptewa v. Flagstaff Police Department

OPINION

SULT, Judge.

¶ 1 In this wrongful death action, we construe the scope of Arizona Revised Statutes section 12-820.02(A)(1)(2000), a statute granting immunity to public employees for ordinary negligence arising out of the “failure to retain an arrested person in custody .” We conclude that the legislature did not intend this language to include the decision of municipal police officers to “release” an inebriated arrestee by transferring his custody to the county jail. Because the trial court found to the contrary, we reverse the grant of summary judgment entered in favor of appellees and…