California Court of Appeal

In a wrongful death suit brought by a deceased prisoner's estate and his heir against the State's Department of Corrections and Rehabilitation, pursuant to the Government Tort Claims Act, a jury finding that the State violated section 845.6 in that its employees knew or had reason to know the prisoner was in need of immediate medical care while in custody but failed to take reasonable action to summon care is reversed, as nothing in the State's conduct estopped it from raising the heir's failure to file a government claim, and the State is immune to liability for the decisions that resulted in the prisoner failing to undergo a biopsy while he was in State custody.

Appellate Information

• Decided 07/26/2012
• Published 07/26/2012

Judges

• Aldrich

Court

• California Court of Appeal

Counsel