Ahmet Hopovac v. State of Washington

¶27 (concurring in part and dissenting in part) — The majority justifies its ruling on four propositions. First, Washington earlier adopted Restatement (Second) of Torts § 314A (Am. Law Inst. 1965). Second, the Department of Corrections’ duty to protect others from criminal acts of third parties extends to felons in community custody, not only those in prison. Third, the Department of Corrections, as a matter of law, is not liable for denying Ahmet Hopovac the opportunity to use a gun to protect himself since Hopovac’s status as a felon already precluded his possession of a gun. Fourth, the…