Supreme Court affirms dismissal of Erickstad suit

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North Dakota's Supreme Court agreed to dismiss a lawsuit by the daughters of a murdered couple, who sought damages from Texas officials for their allegedly lax supervision of their parents' killer.

The case stems from the September 1998 slayings of Gordon and Barbara Erickstad, who were stabbed repeatedly in their Bismarck home before their bodies were dumped in rural Morton County, about 50 miles south of Mandan.

The couple's son, Brian, and his friend, Robert Lawrence, were convicted of murder in the case. When the killings happened, Lawrence was on parole for a burglary conviction in Texas.

The Erickstads' daughters, Michelle Hansen, of Fargo, and Stacey Hanson, of Bismarck, later sued Lawrence and 10 officials in the Texas corrections and parole system.

They argued that Texas authorities did not adequately supervise Lawrence, or tell North Dakota authorities about his complete criminal record, which includes convictions for burglary, theft and assault.

"I certainly accept the decision of the court, but I am disappointed," said the daughters' lawyer, Tim Purdon, of Bismarck. "I'm disappointed for Stacey and Michelle. They've been through a lot, and I feel bad for them."

The Supreme Court's decision on Thursday was its second in the case. In June 2002, the high court reversed an earlier dismissal of the daughters' lawsuit, ruling that North Dakota courts had jurisdiction over the Texas defendants.

The court's latest ruling was on the question of whether state law shielded the Texas officials from being sued for their actions on the job.

The officials may have made mistakes in the Lawrence case, but the Erickstads' daughters were not alleging they were serious enough to recover damages under North Dakota law, said the Supreme Court's unanimous decision, which was written by Justice William Neumann.

North Dakota law provides legal immunity for state workers who are doing their jobs, unless their actions "constitute reckless or grossly negligent conduct, malfeasance, or willful or wanton misconduct," Neumann wrote.

Because the Erickstad daughters' lawsuit does not allege that level of negligence, they should not be allowed to collect money damages from the Texas officials, the Supreme Court's ruling says.

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