C.J. v. State, Department of Corrections

OPINION

FABE, Justice.

I. INTRODUCTION

The rape victim of a parolee sued the State for negligent parole supervision. The State sought summary judgment on the grounds that (1) it owes no duty of care in supervising parolees; (2) it is immune from suit; and (3) it is entitled to judgment as a matter of law on the issue of causation. We conclude that the State owes a duty of care to a parolee’s victim, but vacate the denial of summary judgment and remand to the superior court to address the questions of discretionary function immunity and causation in light of the principles set forth in State of…