Joshua M. v. State

Summary

The court held that the siblings’ negligence claims against the State agency were barred by sovereign immunity because their alleged injuries arose out of physical and sexual assaults, even though the claims were framed as negligent placement, supervision, and failure to protect. Applying a broad construction of the assault-or-battery exemption, the court expressly overruled the contrary line of precedent and held that the district court lacked subject matter jurisdiction over the claims against the agency. The judgment against the foster parent was affirmed, while the judgment for the agency was vacated and remanded for dismissal.