Green v. State

Plaintiff filed a wrongful death lawsuit after his son was shot and killed during a traffic stop initiated by state police. The trial court granted defendants’ motion to dismiss and plaintiff appealed. The appellate court affirmed in part and reversed in part, finding that the allegations contained in the complaint were not sufficient to establish that the claims were not subject to sovereign immunity and that the allegations lacked the specificity required to establish illegal conduct that would take the claims outside the jurisdiction of the court of claims. However, the appellate court reversed the trial court’s denial of the plaintiff’s motion for leave to file a third amended complaint. (ODEN JOHNSON and TAILOR, concurring)