Fleming

Plaintiffs Robert Fleming, as personal representative of the estate of Vicki Lynne Hoskinson, and members of Hoskinson’s family (Deborah Jane Carlson, George Glenn Carlson, Jr., Stephanie Dawn Hoskinson, Carie Lynn Carlson, and Brian William Carlson) appeal from the dismissal of their action against the State of California and its Parole Officer Robert McLean for failure to prevent the brutal and tragic murder of Vicki by Frank Atwood, a parolee. The trial court sustained both defendants’ demurrers primarily on grounds of immunity. Plaintiffs contend: “[L] The first amended complaint adequately alleges claims against the state for failing to perform the mandatory and statutory duty to arrest Frank Atwood. [II.] The trial court erred in dismissing plaintiffs’ claims because the state’s conduct also gives rise to liability under Arizona law. [III.] The second amended complaint adequately alleges a claim for violation of civil rights under 42 U.S.C. section 1983 . [IV.] California governmental immunity statutes do not apply to federal civil rights claims in state court.”

Plaintiffs first sued in an Arizona court, where their action was dismissed for lack of personal…