Cited by
Opinions in Arizona that cite Newman v. Maricopa County, 808 P.2d 1253.
- State of Arizona v. Hon. Kyle Bryson Gilbert Delgado 541 P.3d 582 Ariz. Ct. App. Div. 2 2023
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State of Arizona v. Hon. Kyle Bryson Gilbert Delgado
541 P.3d 582
Ariz. Ct. App. Div. 2 2023
See Law Enforcement, Black’s Law Dictionary (11th ed. 2019) (“The detection and punishment of violations of the law”; “[p]olice officers and other members of the executive branch charged with carrying out and enforcing the criminal law.”); (functions of law enforcement agencies include crime prevention and broader protective functions).
- Swift v. Ador Ariz. Ct. App. Div. 1 2020
- Swift v. Ador Ariz. Ct. App. Div. 1 2020
- Slater v. Abor Ariz. Ct. App. Div. 1 2020
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Slater v. Abor
Ariz. Ct. App. Div. 1 2020
We cannot say “beyond doubt that the plaintiff can prove no set of facts in support of his claim which would entitle him to relief.” (quoting 5A C. Wright & A. Miller, Federal Practice & Procedure § 1357, at 325).
- Shepherd v. Costco 441 P.3d 989 Ariz. Ct. App. Div. 1 2019
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Shepherd v. Costco
441 P.3d 989
Ariz. Ct. App. Div. 1 2019
¶ 20 (App. 1998) (stating that a motion to dismiss should be denied unless it is “beyond doubt” that the plaintiff could prove no set of facts which would entitle him to relief) (–06 (App. 1991)).
- Sandoval v. Tempe Ariz. Ct. App. Div. 1 2015
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Sandoval v. Tempe
Ariz. Ct. App. Div. 1 2015
Law enforcement agencies perform all such activities subject to the duty that Austin described: “to act as 7 SANDOVAL v. TEMPE Decision of the Court would a reasonably careful and prudent police [agency] in the same circumstances.” (alteration in original) (quoting Austin, 140 Ariz. at 581-82, 684 P.2d at 153-54); (“A policeman has the duty to be alert to suspicious circumstances and to investigate if necessary, provided that he is acting w
- Vasquez v. State 206 P.3d 753 Ariz. Ct. App. Div. 2 2008
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Vasquez v. State
206 P.3d 753
Ariz. Ct. App. Div. 2 2008
Despite the broad pronouncements of duty visá- , on which Vas *315 quez and the dissent also rely, this court subsequently ruled in Morton that no relationship giving rise to a duty existed between the family of a decedent and a police agency investigating his death.
- Mayer Unified School and Gadsen Elementary School v. Winkleman, Az State Land Dept... Ariz. Ct. App. Div. 2 2008
- Mayer Unified School and Gadsen Elementary School v. Winkleman, Az State Land Dept... Ariz. Ct. App. Div. 2 2008
- Myers Ex Rel. Myers v. Hoffman-La Roche, Inc. 170 P.3d 254 Ariz. Ct. App. Div. 1 2007
- Myers Ex Rel. Myers v. Hoffman-La Roche, Inc. 170 P.3d 254 Ariz. Ct. App. Div. 1 2007
- Wertheim v. Pima Co. Dupnik Pima Co. Sheriff Tucson Police Dept. Ariz. Ct. App. Div. 2 2005
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Wertheim v. Pima Co. Dupnik Pima Co. Sheriff Tucson Police Dept.
Ariz. Ct. App. Div. 2 2005
¶19 P.2d 1253 (App. 1991), to support her argument that the language in Austin is broad enough to impose a duty in this case.
- Rowland v. Kellogg Brown and Root, Inc. Ariz. Ct. App. Div. 2 2005
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Rowland v. Kellogg Brown and Root, Inc.
Ariz. Ct. App. Div. 2 2005
Here, taking Rowland’s assertions as true, Newman v. Maricopa County, 167 Ariz. 501, he seeks recovery for injuries resulting from an accident caused by a Kellogg employee.
- Douglas v. Governing Board of the Window Rock Consolidated School District No. 8 78 P.3d 1065 Ariz. Ct. App. Div. 1 2003
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Douglas v. Governing Board of the Window Rock Consolidated School District No. 8
78 P.3d 1065
Ariz. Ct. App. Div. 1 2003
Motors Corp., , , (Only if “it appears beyond doubt that the plaintiff can prove no set of facts in support of his claim which would entitle him to relief’ should a motion to dismiss be granted (citing 5A C. Wright & A. Miller, Federal Practice & Procedure § 1357, at 325 (1990)).).
- McDonald v. City of Prescott 5 P.3d 900 Ariz. Ct. App. Div. 1 2000
- McDonald v. City of Prescott 5 P.3d 900 Ariz. Ct. App. Div. 1 2000
- Luchanski v. Officer J.L. Congrove 971 P.2d 636 Ariz. Ct. App. Div. 1 1998
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Luchanski v. Officer J.L. Congrove
971 P.2d 636
Ariz. Ct. App. Div. 1 1998
4 We therefore conclude that the motion to dismiss ought not have been granted because it was not “beyond doubt that the plaintiff[s] [could] prove no set of facts in support of [their] claim[s] which would entitle [them] to relief.” -06 , -58 (App.1991), quoting 5A C. Wright & A. Miller, Federal Practice & Procedure § 1357, at 325.
- Hutcherson v. City of Phoenix 933 P.2d 1251 Ariz. Ct. App. Div. 1 1996
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Hutcherson v. City of Phoenix
933 P.2d 1251
Ariz. Ct. App. Div. 1 1996
at 582 , 684 P.2d at 154 ; -05 , -57 (App.1991) (in investigating hidden danger on private land, sheriff had a duty to others who might go on the land).
- Galati v. Lake Havasu City 920 P.2d 11 Ariz. Ct. App. Div. 1 1996
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Galati v. Lake Havasu City
920 P.2d 11
Ariz. Ct. App. Div. 1 1996
5 -72 , 866 P,2d 1356, 1357-58 (App.1993); -05 , -57 (App.1991)
- Tucson Airport Authority v. Certain Underwriters at Lloyd's 918 P.2d 1063 Ariz. Ct. App. Div. 2 1996
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Tucson Airport Authority v. Certain Underwriters at Lloyd's
918 P.2d 1063
Ariz. Ct. App. Div. 2 1996
We simply conclude “that it does not appeal' ‘beyond doubt that [TAA] can prove no set of facts in support of [its] claim which would entitle [it] to relief.’” -06 , -58 (App.1991) (quoting 5A C. Wright & A. Miller, Federal Practice & Procedure § 1357 at 325).
- Mintz v. Bell Atlantic Systems Leasing International, Inc. 905 P.2d 559 Ariz. Ct. App. Div. 1 1995
- Knutson v. County of Maricopa Ex Rel. Romley 857 P.2d 1299 Ariz. Ct. App. Div. 1 1993
- Knutson v. County of Maricopa Ex Rel. Romley 857 P.2d 1299 Ariz. Ct. App. Div. 1 1993