dissenting.
On Thursday, July 31, 1980, six-year-old Cassandra Robinson was found in seven feet of water at the bottom of Glenn Lake swimming pool which is owned and operated by the defendant, City of De*781catur. As a result of being submerged for approximately three minutes, Cassandra suffered brain damage and permanent loss of mental capacity. Due to her learning disability, Cassandra is unable to participate in the normal education program and she is enrolled in a special disabilities learning program. Although not required to be alleged, it is undoubtedly true that her father has incurred medical and other expenses as a result of her injuries.
The City of Decatur charges an admission fee and provides life guards at its pool. It is alleged that the life guards employed on the day of this event were inadequately trained in their duties and were themselves inattentive to their responsibilities.
In my view, by application of the doctrine of sovereign immunity Cassandra and her father have been deprived of life, liberty and property without compensation, and thus have been denied due process of law in violation of the 14th Amendment. For me, this inhumane result is compounded by the defendant’s apparent use of public funds to purchase liability insurance covering this tragic occurrence. I therefore dissent.
I am authorized to state that Justice Smith joins in this dissent.