Bartlett v. State

Moule, J. P. (dissenting).

Inasmuch as claimant has failed to sustain the burden of proof on his cause of action I dissent and vote to affirm its dismissal.

The majority correctly points out that “insofar as the State, through its agents, exercised accepted administrative and professional judgment, it may not be held responsible to claimant in negligence or for illegal detention.” Thus the State becomes liable for its actions only when it is established that through negligent inattention to duty the State’s agents have caused harm to a person under the State’s control. In my opinion, the…