Ball v. Maricopa County
1 CA-CV 15-0587
| Ariz. Ct. App. | Dec 6, 2016Background
- Plaintiff Dennis Andrew Ball alleged that Maricopa County Board of Supervisors (BOS) failed to supervise the Maricopa County Superior Court, leading to loss of his inheritance from his deceased mother’s estate.
- Ball’s mother had a guardian/conservator (Southwest Fiduciary, Inc.) appointed by the Superior Court; Ball previously sued those fiduciaries in federal court for alleged misconduct.
- In May 2015 Ball sued the BOS and Maricopa County, claiming a breach of a “duty of public trust” and seeking vicarious liability against the County.
- Defendants moved to dismiss under Ariz. R. Civ. P. 12(b)(6); the trial court granted the motion and entered final judgment dismissing the complaint.
- Ball appealed, arguing the BOS owed him a duty to supervise judicial officers; the Court of Appeals reviewed the dismissal de novo.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether BOS owed a legal duty to supervise Superior Court/judicial officers | Ball: BOS breached a duty of public trust by failing to supervise the Superior Court, causing his injury | BOS/County: BOS has no supervisory power over the judicial branch; therefore no duty exists | Court: No duty exists because the Superior Court is part of the judicial branch and not subject to BOS supervision; dismissal affirmed |
Key Cases Cited
- Hernandez v. Maricopa Cty., 138 Ariz. 143 (App. 1983) (county supervisors lack control over superior court activities)
- Mann v. Maricopa Cty., 104 Ariz. 561 (1969) (judicial branch supervises employees of the judicial department)
- Salerno v. Espinoza, 210 Ariz. 586 (App. 2005) (funding/duty-to-pay salaries by one governmental entity does not confer supervisory authority over another branch)
- Gipson v. Kasey, 214 Ariz. 141 (2007) (elements of negligence and duty as threshold legal question)
- ELM Ret. Ctr., LP v. Callaway, 226 Ariz. 287 (2010) (standard for dismissal under Rule 12[b][6])