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CALNIMPTEWA v. FLAGSTAFF POLICE DEPT.

No. 1 CA-CV 00-0552.

30 P.3d 634 (2001)

200 Ariz. 567

David CALNIMPTEWA and Margaret Calnimptewa, husband and wife, Plaintiffs-Appellants, v. FLAGSTAFF POLICE DEPARTMENT; City of Flagstaff; E.P. Madden, Chief of Police, Flagstaff Police Department; Mayor Chris Bavasi, and the Flagstaff City Council; Corporal Wayne Dorsett, Flagstaff Police Department; Officer Michael Barnes, Flagstaff Police Department, Defendants-Appellees.

Court of Appeals of Arizona, Division 1, Department B.

August 28, 2001.

Attorney(s) appearing for the Case

Trebon & Fine, P.C., by John Trebon, Flagstaff, Attorneys for Appellants.

Mangum, Wall, Stoops & Warden, P.L.L.C., by Michael H. Hinson, Steven B. Horton, Flagstaff, Attorneys for Appellees.

OPINION

SULT, Judge.

¶ 1 In this wrongful death action, we construe the scope of Arizona Revised Statutes section 12-820.02(A)(1)(2000), a statute granting immunity to public employees for ordinary negligence arising out of the "failure to retain an arrested person in custody." We conclude that the legislature did not intend this language to include the decision of municipal police officers to "release" an inebriated arrestee by transferring his custody...

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