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State supreme court bars claims from family of murdered nurse

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CHEYENNE - The husband of a nurse killed in 2004 at the Wyoming Honor Farm can't pursue wrongful death claims against the state, the state Supreme Court has ruled.

In a ruling issued Friday, the Supreme Court held that the Corrections Department has immunity against the claims in the lawsuit filed by Leonard "Lee" Watts, husband of murdered prison nurse Tammy Sue Watts.

Tammy Sue Watts, 39, was strangled and struck on the head in April 2004. Her body was found in a dental examination room within a nurse's office at the Honor Farm.

Inmate Floyd DeWayne Grady was convicted in May 2006 of first-degree murder and attempted sexual assault in Watts' death. Jurors decided against imposing the death penalty against him.

At the time of Watts' murder, Grady was serving time at the Honor Farm for a 1995 rape conviction.

Leonard Watts' lawsuit against the state charged that the state was negligent in transferring Grady from the state penitentiary in Rawlins to the honor farm. The suit also claimed the state failed to operate the honor farm in a safe manner and failed to prevent Grady from killing Tammy Sue Watts.

District Judge Nancy J. Guthrie had ruled against the state's argument that the Wyoming Governmental Claims Act barred Leonard Watts' claims. That prompted the state to appeal to the Supreme Court.

The Supreme Court agreed with the state that the claims act grants the Corrections Department immunity from claims arising from negligent operation of the corrections system. The court ruled that an exception in the claims act that allows lawsuits against the state covers only negligence associated with the function of state buildings themselves.

"The allegations that the state improperly moved Mr. Grady to the Honor Farm, had insufficient or improperly trained or supervised guards at the Honor Farm, and failed to imprison and guard Mr. Grady properly do no pertain to the physical structure of the building and, consequently, do not fall within the exception," the court ruling states.

Riverton lawyer David B. Hooper represents Leonard Watts. Hooper said Monday he found the court ruling disconcerting.

"We're very disappointed," Hooper said Monday. "Wyoming has strict liability for a homeowner if that person harbors a vicious dog. But in this case, a nurse working at a penal institution cannot make a claim against the state no matter how negligent they were in her workplace."

Attorney General Bruce Salzburg was unavailable for comment on the court ruling, his office said Monday.

The Supreme Court last month held a hearing on Grady's appeal of his conviction in Watts' murder. His lawyer argued that he failed to receive a fair trial and asked the court to grant him a new one. The Supreme Court hasn't yet ruled on the request.

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