California Court of Appeal

Penal Code section 1618, which shields administrators and treatment staff of the Forensic Conditional Release Program from civil liability for criminal acts committed by persons in the program, gives absolute immunity to the state and county for personal injuries plaintiff sustained when assaulted by a fellow patient. No triable issue of fact exists with regard to his federal civil rights claim for damages.

Appellate Information

• Decided 01/20/2004
• Published 01/20/2004

Judges

• GILBERT, P.J.

Court

• California Court of Appeal

Counsel

• For Appellant:
  
•  William Hansult, Santa Barbara, for Plaintiff and Appellant.


• For Appellees:
  
• Bill Lockyer, Attorney General, Andrea Hoch, Chief Assistant Attorney General, James Schiavenza, Senior Assistant Attorney General, Joel A. Davis, Supervising Deputy Attorney General, and Theodore B. Zinger, Deputy Attorney General, for Defendants and Respondents State of California, Stephen Mayberg and William Summers., Bauer, Harris, Clinkenbeard & Ramsey, William Clinkenbeard, Santa Barbara, and Maureen E. Clark, Playa Del Rey, for Defendants and Respondents County of Ventura and David Gudeman.