Mayhugh v. State
Annotate this CasePlaintiff, an inmate at Redgranite Correctional Institution, was injured during a baseball game in Redgranite’s recreational yard. Plaintiff filed a complaint against the State, the Department of Corrections (DOC), and Redgranite. The circuit court dismissed Plaintiff’s tort action against the State and the DOC, concluding that recovery was barred by the doctrine of sovereign immunity. The court of appeals affirmed. The Supreme Court affirmed the court of appeals’ determination that Plaintiff’s suit against the DOC was barred by sovereign immunity, holding (1) the DOC is not independent from the State, and therefore, the DOC was entitled to the sovereign immunity accorded to the State; and (2) the statutory grant of power to the DOC to sue and be sued should not be interpreted as an express waiver of the DOC’s sovereign immunity.
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