AGO 1957-58 No. 93.
Case Date | July 09, 1957 |
Court | Washington |
Washington Attorney General Opinions
1957.
AGO 1957-58 No. 93.
July 9,
1957[Orig. Op. Page 1]PRIVATEPAROLE AND
PROBATION OFFICERS -- TORT LIABILITY(1) An
officer or employee of the state would be liable for the consequences of his
own wrongful or negligent acts in the operation of a state-;owned car.(2) A state parole or probation officer has the duty safely
to transport a parolee or probationer in a state owned car, and would be liable
for injuries due to his actionable negligence.Honorable James D.
SkaggsChairmanBoard of Prison Terms and
Paroles201 Institutions BuildingOlympia,
WashingtonCite as: AGO
1957-58 No. 93Dear Sir:
We acknowledge receipt of your request for an opinion on the
following questions:
(1) Is a parole and probation officer personally liable for any
damages brought about by an accident while operating a state vehicle?
(2) Could a probationer or parolee sue a parole and probation
officer personally if injured while being carried in a state car?
On the assumption that the officer's negligence was the proximate
cause of the damages, we answer both questions in the affirmative.
[Orig. Op. Page 2]
ANALYSIS
(1) The state is not liable for damages resulting from the
negligent operation of its vehicles by one of its officers, agents or servants,
unless it has voluntarily assumed such liability. Riddoch v.
State, 68 Wash. 329.
Since the state has not assumed liability for the negligence of
its district parole and probation officers employed by the state board of
prison terms and paroles, your question resolves itself into whether the
state's immunity extends to them. This question has been resolved by at least
two opinions of this office (1931 OAG 139 [[to H. C. Johnson, Department of
Efficiency on June 12, 1931]], and 1948 OAG 83c [[to General E. M. Llewellyn,
Adjutant General on February 3, 1948]], in the first of which we said: 139, and
1948 OAG 83c), in the first of which we said:
"This immunity does not, however, extend to the individual
officer or employee, who can be held responsible for the consequences of his
own violation of the law or the infringement of the rights of others. (Citing
cases.)
"There can be no question, under the rule just stated, that an
officer or employee would be liable for the consequences of his own wrongful or
negligent acts in the operation of a state-;owned car. . . ."
Also, cf. 3...
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