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Estate Of Ashley Jones v. State12/26/2000
Recent decisions of the State Supreme Court compel the result in this case. Quasi-judicial immunity does not apply where a claim of negligent supervision arises from the failure to properly monitor and report a probationer's possible parole violations. Questions of fact exist as to whether Island County provided material information to the sentencing court and to the State, whether the State properly assigned the offender to community placement, and whether the State and community placement program operator properly supervised the offender. Accordingly, summary judgment was improper. We reverse.
FACTS
David Daniel Dodge was convicted of residential burglary as a juvenile on May 15, 1997. In addition to that crime, his prior criminal history consisted of two convictions for burglary in the second degree and three convictions for residential burglary.
When Dodge committed the crime he was already on probation for his earlier convictions. He was supervised and monitored by Island County juvenile probation counselor John Deremiah who maintained case notes on Dodge.
Those notes included references to possible substance abuse and assaultive behavior by Dodge. On one of Dodge's prior burglaries, the court's conditions of release included a finding that he was a threat to the community. Although Deremiah supervised Dodge, he did not provide this information to law enforcement officers or to the court.
Deremiah prepared a predisposition report for sentencing after the May 15 conviction for burglary. Listed as a mitigating factor in Dodge's predisposition report was the fact that his conduct did not cause or threaten serious bodily injury . The report also indicated that Dodge had several fights with his parents; had a lack of respect for the law; showed a lack of respect toward other peoples' property; and continued to commit burglary offenses while on supervision. The court found no mitigating or aggravating factors and committed Dodge to the State of Washington Department of Social and Health Services, Juvenile Rehabilitation Administration (JRA), for a period of 30-40 weeks.
JRA officer Kristine Morse prepared an evaluation of Dodge to determine the proper placement for him to serve the sentence. The placement evaluation included information on Dodge's official criminal history and a report by Deremiah that Dodge's previous response to supervision included no major community supervision problems and that Dodge had done well with structured programs. Deremiah did not forward to the JRA the information in his notes about Dodge's alleged problem behavior.
As part of the placement evaluation, Morse completed an Initial Security Classification Assessment. This assessment attempts to measure the offender's risk level, which is then indexed against the seriousness of the offense for which the offender was convicted. This produces an initial security classification of either minimum, medium, or maximum.
Dodge's offense seriousness was medium with a score of 2. Dodge had a low risk level score of 18 which resulted in his minimum security classification. Had Dodge's risk level been 21 or higher, he would have received a medium security classification and been ineligible for community placement. Identification of a substance abuse or dependency problem would have increased Dodge's risk level to 21. Similarly, a finding of prior assaultive behavior would have increased Dodge's risk level to 21. The JRA placed Dodge on minimum security pending community placement.
Dodge was initially placed at the State's Indian Ridge incarceration facility. On June 30, 1997, Dodge was placed in Diamond Home, a group home
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