Norman E. Walker and Sonja Walker V‪.‬

This is an appeal by the appellants, Walkers, from a grant of summary judgment in favor of the defendant, Shoshone County. The grant of summary judgment was based on the pleadings. As such, for purposes of this appeal, we must accept the truth of the appellants' allegations. Jones v. St. Maries, 111 Idaho 733, 727 P.2d 1161 (1986). The parents of Michael Walker brought a wrongful death action against Shoshone County and the State of Idaho.[Footnote 1] The relevant facts indicate that on January 11, 1983, Michael, then age 17, was confined to the Shoshone County Jail pursuant to an order of protective custody issued by Shoshone County Magistrate Judge Don Gumaer. The order stated in pertinent part: