Deborah Palm-Egle v. Jon Briggs, Individually and Wyoming Division of Criminal Investigation

KAUTZ, J. dissenting, in which GRAY, J., joins. [¶40] I respectfully dissent. [¶41] The question presented to us is “does a law enforcement officer acting within the scope of his or her duties as such owe a duty of care to the suspect(s) in a criminal investigation to conduct that investigation in a non-negligent manner?” (emphasis added). Unfortunately, the majority opinion provides no analysis of whether such a duty is owed to the suspect. Applying the analytical framework this Court consistently uses to determine whether a duty exists, see, e.g., Gates v. Richardson,

719 P.2d 193, 196

(Wyo.…