Lundberg v. Scoggins

PETERSON, Justice.

The issue presented in this case, one of first impression, is whether a complaint of negligent accusation and misidentification of a criminal suspect states a claim upon which relief can be granted. We hold that it does not, for longstanding public policy reasons encouraging witness/victim participation in criminal investigations and prosecutions.

The issue arises in the following factual context. Defendant was sexually assaulted as she was walking home from a bus stop. A man grabbed her, pushed a sharp object against her side, and ordered, “Don’t scream, I’ve got a knife.”…