Clouse Ex Rel. Clouse v. State

AMENDED OPINION

MCGREGOR, Justice.

¶ 1 We accepted review to decide whether the legislature exceeded its constitutional authority when it adopted Arizona Revised Statutes Annotated (A.R.S.) section 12-820.02.A.1, which provides qualified immunity to public entities and employees for an employee’s failure to retain an arrested person in custody. We conclude that the legislature acted within the power granted it by article IV, part 2, section 18 of the Arizona Constitution.

I

¶2 On April 29, 1995, David Van Horn stole David Oakes’ truck in Maricopa County, Arizona and fled toward Pinal County. Mr.…