History
  • No items yet
midpage
Proffitt v. State
174 Colo. 113
Colo.
1971
Check Treatment
Mr. Justice Groves

delivered the opinion of the Court.

The plaintiff in error (plaintiff) brought an action against the State of Colorado and a number of officers and employees of the State to recover for the alleged wrongful death of her son, who was stabbed while an inmate in the State Reformatory. The State moved to dismiss the complaint on the ground of sovereign immunity. The court sustained the motion.

We make no expression concerning the merits of this action and confine ourselves solely to the matter of sovereign immunity of the State of Colorado. For the reasons expressed in Evans v. County Commissioners, 174 Colo. 97, 482 P.2d 968, announced contemporaneously with this opinion, we hold that the court-made doctrine of sovereign immunity of the State of Colorado is overruled. As to the parties to this proceeding and the two contemporaneous proceedings (Evans, supra, and Flournoy v. School District Number One, 174 Colo. 110, 482 P.2d 966), this decision is effective immediately. As to all other causes of action the ruling shall be prospective only and shall be effective only as to causes of action arising after June 30, 1972.

The judgment is reversed and the cause remanded with instructions to deny the motion to dismiss and reinstate the complaint as against the State of Colorado.

Mr. Justice Day and Mr. Justice Kelley dissent for the reasons expressed in their dissents filed in Evans v. County Commissioners, supra.

Case Details

Case Name: Proffitt v. State
Court Name: Supreme Court of Colorado
Date Published: Mar 22, 1971
Citation: 174 Colo. 113
Docket Number: No. 23044
Court Abbreviation: Colo.
AI-generated responses must be verified and are not legal advice.
Your Notebook is empty. To add cases, bookmark them from your search, or select Add Cases to extract citations from a PDF or a block of text.