## Facts

- Scott Edward Stewart was released from prison in 1991 on supervised release (parole).
- His release conditions required him to report immediately to a contracted halfway house (180 Degrees, Inc.) and contact his supervising officer.
- Stewart failed to report to the halfway house and did not comply with supervision requirements; officials allegedly failed to confirm his arrival or respond promptly to his absence.
- Over the next eight days, Stewart committed multiple crimes, culminating in the abduction, rape, and murder of Melissa Noelle Johnson.
- Melissa Johnson’s trustees and next-of-kin brought a wrongful-death action against the State of Minnesota, Hennepin County, their agents, and 180 Degrees, alleging negligent release and supervision and failure to control Stewart.

## Issues

1. Whether tort claims against the state and county based on alleged negligent parole release and supervision were barred by statutory immunity and official immunity.
2. Whether a contracted halfway house owed a legal duty to control a parolee or warn the public when the parolee never arrived at the facility after release.

## Decision

- The Minnesota Supreme Court held the state and county were protected by statutory immunity for discretionary decisions and acts relating to parole release and supervision.
- The court held individual governmental agents were protected by official immunity for discretionary conduct related to release and supervision.
- The court held 180 Degrees owed no legal duty to control Stewart because he never arrived at, and was never in the custody or control of, the halfway house.
- The court reversed the court of appeals’ ruling that allowed claims to proceed and reinstated dismissal of all claims.

## Legal Principles

- Statutory immunity bars tort claims against governmental entities arising from discretionary, policy-level decisions, including decisions about offender release conditions and supervision practices.
- Official immunity shields public officials and employees from liability for discretionary acts within the scope of their duties absent willful or malicious wrongdoing.
- Courts generally decline to impose tort liability that would require after-the-fact judicial review of discretionary correctional policy choices and resource-allocation decisions.
- A duty to control a third party or protect the public typically requires a special relationship involving custody or control; a halfway house has no duty to control a parolee who never reports and is never under its control.

## Conclusion

The court concluded that claims premised on alleged failures in parole release and supervision were barred by governmental and official immunity, and that the contracted halfway house owed no duty to control or warn about a parolee who never arrived, requiring dismissal of the wrongful-death action against all defendants.


Johnson v. State, 553 N.W.2d 40 (Minn. 1996)