Savitt v. Jordan

Opinion

MILLER, J.

In this case we consider the issue of whether the State of California (State) may be held liable for injuries sustained by a visitor to a state correctional institution who was assaulted by a prisoner at that institution.

Plaintiff, a deputy district attorney for the County of Los Angeles, filed a complaint alleging in the first cause of action that on or about November 6, 1980, plaintiff was present at a parole hearing conducted at San Quentin Prison as a representative of Los Angeles County. At that time Warren DuBois Jordon (Jordon), a prisoner at that institution, attacked and repeatedly stabbed plaintiff with a knife. As a result of this attack plaintiff was hospitalized and unable to work for a period of time. In the second cause of action plaintiff alleged that the Department of Corrections, and thus State, had negligently allowed Jordon to come into possession of the knife which was used in the commission of the acts complained of.

State demurred to the second cause of action on the grounds that inter alia public entities are immune from liability by virtue of Government Code section 844.6.

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Plaintiff filed an amended complaint to which State again demurred. Thereafter, the trial court sustained without leave to amend State’s demurrer and ordered the matter dismissed on the grounds that the immunity contained in section 844.6, subdivision (a)(1) would bar any action against State. This appeal followed.

Section 844.6

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provides that public entities, but not public employees, are immune from liability for “[a]n injury proximately caused by any prisoner.”

[822]

Section 844 defines “prisoner” as “an inmate of prison, jail or penal or correctional facility.”

Citing

Sava

v.

Fuller