Fox v. Custis

This appeal is from an order in three consolidated damage suits brought against state parole officers arising from crimes committed by a parolee. We determine whether the trial court erred in sustaining demurrers to the several amended motions for judgment.

Because the cases were decided on demurrer, we will consider the allegations pursuant to the settled rule that a demurrer admits the truth of all well-pleaded material facts. All reasonable factual inferences fairly and justly drawn from the facts alleged must be considered in aid of the pleading. However, a demurrer does not admit the…