Phipps v. State

OPINION

Montana, C.J.

This is an action brought by Claimant Derrick Phipps, a resident of Stateville Correctional Center (Stateville), for personal injuries sustained when he was stabbed 15 times by two unknown persons, receiving stab wounds to his head, back, right shoulder, left thigh, right upper arm, and right lateral chest. The incident occurred between 7:45 and 8:00 p.m. on March 17,1985, in Cell House B-West at Stateville.

A hearing was held before Commissioner John P. Simpson who duly filed his report. Neither party filed briefs in this matter.

To understand this case it is necessary to…