Feltner v. Casey Family Program

The issue presented in this case is whether Wyoming should recognize a cause of action for claims that are based upon the plaintiffs own illegal acts. The trial court granted a Motion to Dismiss Plaintiffs Complaint filed on behalf of The Casey Family Program, Brenden McKinney, and Bev Lloyd (Casey), pursuant to WYO.R.CIV.P. 12(b)(6). In their Complaint, Jason Feltner, Veronica Feltner, and Doniv Feltner (Feltners) alleged claims for damages that evolved from Jasons plea of guilty to fourth-degree sexual assault arising out of his engaging in sexual intercourse with JR, a female child who had been placed with the Feltners as a foster child. We hold, on the grounds that public policy forecloses the recognition of such claims, that Wyoming will not recognize a claim for relief which is dependent upon a plaintiffs own illegal conduct, including any claims which are derivative of such claims. There is a collateral issue relating to the dismissal of a claim by Veronica Feltner of a breach of confidentiality and, for failure to brief the issue, we sustain the dismissal of that claim as well. The Order Granting Defendants Motion to Dismiss is affirmed.