Natrona County v. Blake
Decision Date | 31 December 2003 |
Docket Number | No. 02-210.,02-210. |
Parties | NATRONA COUNTY, Wyoming; Board of County Commissioners of Natrona County, Wyoming; Office of Natrona County Sheriff; and Mark Benton, in his Official Capacity as Natrona County Sheriff, Petitioners, v. Jeffrey A. BLAKE, as Personal Representative of the Estate of Daniel O'Brien, Deceased, Respondent. |
Court | Wyoming Supreme Court |
Representing Petitioners: Hoke MacMillan, Wyoming Attorney General; Jay A. Jerde, Senior Assistant Attorney General; and Rick L. Koehmstedt of Schwartz, Bon, Walker & Studer, LLC, Casper, Wyoming. Argument by Messrs. Koehmstedt and Jerde.
Representing Respondent: James E. Fitzgerald of The Fitzgerald Law Firm; and Donald J. Sullivan of Sullivan Law Offices, P.C., Cheyenne, Wyoming. Argument by Mr. Fitzgerald.
Before HILL, C.J., and GOLDEN, LEHMAN, KITE, and VOIGT, JJ.
[¶ 1] Petitioners, who we will refer to collectively as Natrona County, challenge the district court's order denying their motion to dismiss the wrongful death action filed by Respondent, Jeffery A. Blake (Blake), who is the personal representative of the estate of Daniel O'Brien (O'Brien). On or about September 12, 1999, O'Brien was murdered in Denver, Colorado, by an inmate, Samuel Graumann (Graumann), who escaped from the Natrona County Detention Center (NCDC) on September 10, 1999. Natrona County asserted that it owed no duty to O'Brien and, hence, it was entitled to a ruling that the complaint be dismissed. The district court denied that motion by order entered on September 11, 2002. Natrona County filed a Petition for Writ of Review seeking this Court's consideration of that order.
[¶ 2] Finding the question to be of significant consequence to the expeditious and economical resolution of this matter, we issued the writ on October 15, 2002, in order that the question be brought before us at an early stage of the proceedings. W.R.A.P. 13.02. Argument was heard on this matter, and it was taken under advisement on April 15, 2003. We will affirm the district court's order denying the motion to dismiss.
[¶ 3] Natrona County articulates the issue in this fashion:
Samuel Graumann escaped from the Natrona County Detention Center (NCDC) on September 10, 1999. Approximately two (2) days later. Graumann murdered Daniel O'Brien in Denver, Colorado, approximately 280 miles away from the NCDC. Under these circumstances, did the County Defendants owe a legal duty to Daniel O'Brien to protect him from the intentional criminal acts of Samuel Graumann?
Blake rephrases that issue in these terms:
Did petitioners owe a duty to Daniel O'Brien, an innocent citizen killed by a poorly supervised jail inmate [who] petitioners allowed to escape because they, among other failings, ignored a report that a jailbreak was in progress?
[¶ 4] Natrona County sought dismissal of Blake's claims under W.R.C.P. 12(b)(6) and (c):
[¶ 5] In addressing the issue before us, this Court accepts the facts stated in the complaint as true and views them in the light most favorable to the plaintiff. Such a dismissal will be sustained only when it is certain from the face of the complaint that the plaintiff cannot assert any facts that would entitle him to relief. Story v. State, 2001 WY 3, ¶ 19, 15 P.3d 1066, ¶ 19 (Wyo. 2001). Dismissal is a drastic remedy and is sparingly granted; nevertheless, we will sustain a W.R.C.P. 12(b)(6) dismissal when it is certain from the face of the complaint that the plaintiff cannot assert any set of facts that would entitle that plaintiff to relief. Robinson v. Pacificorp, 10 P.3d 1133, 1135-36 (Wyo.2000); and see Van Riper v. Oedekoven, 2001 WY 58, ¶ 24, 26 P.3d 325, ¶ 24 (Wyo.2001); and Darrar v. Bourke, 910 P.2d 572, 575 (Wyo.1996). For purposes of resolving the issues raised in this appeal, we apply the same standard of review with respect to Rule 12(c) as we do to Rule 12(b)(6). 5A Charles Alan Wright & Arthur R. Miller, Federal Practice and Procedure: Civil 2d § 1369 (1990 and Supp.2003).
Hulse v. First American Title Company of Crook County, 2001 WY 95, ¶ 36, 33 P.3d 122, ¶ 36 (Wyo.2001); Duncan v. Afton, Inc., 991 P.2d 739, 741-42 (Wyo.1999).
Andersen v. Two Dot Ranch, Inc., 2002 WY 105, ¶ 44, 49 P.3d 1011, ¶ 44 (Wyo.2002).
[¶ 7] Resolution of the issues presented must rely on the well-pleaded factual allegations contained in Blake's amended complaint. At least two of the prisoners who escaped on September 10, 1999, including Graumann, were dangerous criminals who had a history of escaping from incarceration. Graumann and several other prisoners were permitted to go into the exercise yard, having in their possession objects fashioned for the purpose of an escape. It was nighttime and the prisoners were unsupervised. Both NCDC and the prisoners knew that there were blind spots in the video monitoring system for the exercise area. The prisoners gathered in one of the blind spots and remained there for a protracted length of time, unguarded and unmonitored. The prisoners had enough time to attach a heavy rope made of bed sheets to the fenced top of the exercise area. They took turns climbing to the top of the exercise area. They cut a hole through the wire fencing that covered the top of the exercise area that was large enough so that they...
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