California Court of Appeal

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State Dept. of State Hospitals v. Superior Court, B248603

In an action alleging that defendants breached their mandatory duties under the Sexually Violent Predators Act (SVPA) when a prisoner raped and killed plaintiff's sister four days after he was paroled from state prison, defendants' petition for a writ of mandate to compel the trial court to sustain defendants' demurrer, is: 1) granted in part, where (a) public entities and employees do not have immunity under Government Code section 845.8(a) for breach of mandatory duties, (b) complaint alleges defendants breached their mandatory duty to designate two psychologists or psychiatrists, or one of each, to conduct a full evaluation of an inmate identified by the Department of Corrections as likely to be a sexually violent predator, but (c) plaintiff cannot establish the element of proximate causation; and 2) denied in part, to the extent plaintiff seeks to compel defendants to comply with certain mandatory duties required by the SVPA, where plaintiff has standing to pursue this cause of action.

Appellate Information

  • Decided 10/30/2013
  • Published 10/30/2013

Judges

  • KITCHING

Court

  • California Court of Appeal

Counsel