De la Cruz v. State
In De la Cruz v. State, 192 Ariz. 122, 961 P.2d 1070 (App. 1998), the court examined the application of A.R.S. 12-820.02(A)(6) in relation to Arizona Division of Occupational Safety and Health statutes that did not require inspections of construction sites. De la Cruz, 192 Ariz. at 125, P 13, 961 P.2d at 1073.
The court determined that A.R.S. 12-820.02(A)(6) was "not implicated" because there was no requirement to inspect. Id. Therefore, the State was not entitled to qualified immunity. Id.