Hamblin v. State

143 P.3d 388 (2006)

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Nature of the Case

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Facts

Russell was shot and killed by Roy Salinas (Salinas) during an armed robbery committed by Salinas and two others. The fifteen-year-old Salinas was on adult probation with MCAPD for having assaulted a corrections officer while detained by the Arizona Department of Juvenile Corrections. Salinas pled guilty to a reduced charge of attempted aggravated assault on a corrections officer, a class 6 offense, and was awaiting the start of his deferred jail term when he shot Russell during a robbery. P sued D claiming that MCAPD had a duty to supervise Salinas to ensure that he followed the terms of his probation. P claimed that D was grossly negligent when they failed to arrest Salinas or to seek a warrant for his arrest when Salinas violated his probationary terms and that MCAPD's willful ignorance of Salinas's conduct allowed Salinas to murder Russell. D argued that causation was lacking and that P's claim required speculation that different supervision would have resulted in revocation of Salinas's probation, causing him to be incarcerated on the date that Russell was killed. D moved for summary judgment and the court granted the motion. It was granted. P appealed.