Richard Sudberry v. State of Arizona

MEMORANDUM

Richard Sudberry appeals from the district court’s grant of summary judgment in favor of the City of Phoenix. We vacate the summary judgment and remand for further proceedings.

Sudberry claims that the negligence of the Phoenix Police Department contribut ed to the murder of his daughter, Kaitlyn, by Daniel Byrd. Under Arizona law, once a municipality chooses to provide police protection, the police department has a “duty to act as would a reasonably careful and prudent police department in the same circumstances.” Austin v. City of Scottsdale, 140 Ariz. 579 , 684 P.2d 151, 154 (1984) (en banc). The parties agree that the City is not liable unless the Police Department is found to have been grossly negligent, as required by Arizona Revised Statute § 12-820.02.

“A party is grossly or wantonly negligent if he acts or fails to act when he knows or has reason to know facts which would lead a reasonable person to realize that his conduct not only creates an unreasonable risk of bodily harm to others but also involves a high probability that substantial harm will result.” Walls v. Ariz. Dep’t of Pub. Safety, 170 Ariz. 591 , 826 P.2d 1217, 1221 (1991). Gross or wanton…