Estate of Mercedes Gottschalk

William Cubbage was convicted of sexually violent offenses and was adjudicated a sexually violent predator. While in custody at the State’s civil commitment unit for sexual offenders (CCUSO), Cubbage was diagnosed with dementia and other physical and mental ailments. The district court subsequently discharged Cubbage from commitment and committed him to the Pomeroy Care Center. Thereafter, a child visiting the care center witnessed Cubbage sexually assaulting Mercedes Gottschalk, a resident of the Pomeroy Care Center. Gottschalk sued the care center for providing her care in a reckless and negligent manner. After Gottschalk died, her estate substitute itself as the plaintiff and also sued the State for negligence. The Pomeroy Care Center brought a cross-claim alleging negligence on the part of the State for contribution and indemnity. The district court granted summary judgment for the State, concluding (1) because Cubbage was unconditionally discharged from CCUSO, the State had no duty to supervise, monitor, or approve a safety plan; and (2) the doctrine of sovereign immunity prevented any claim of misrepresentation against the State. The Supreme Court affirmed, holding that, under the issues preserved, no duty existed as a matter of law between the State and Gottschalk or the State and the care center. View "Estate of Mercedes Gottschalk" on Justia Law