The January 21, 2015 blog discussed the Arizona Notice of Claim statute, which sets forth requirements that must be met, in order to pursue claims alleging negligence and injuries, against Arizona governmental entities and agents.
Recently, an Arizona teacher filed a lawsuit, alleging that she was raped by a prison inmate. The Arizona Department of Corrections is accused of negligence, by not protecting the teacher and by failing to provide sufficient security, in a prison that houses sex offenders.
The teacher was administering a test to several inmates, she claims to have been assaulted and raped when she was left in an unguarded prison classroom with a convicted sex offender.
The Court ruled that there were sufficient allegations that the State owed a duty to the teacher and that its failures created the dangerous environment in which she was placed. The lawsuit has not yet been set for trial.