Supreme Court of California

Given the fact that plaintiff was ultimately discharged pursuant to Penal Code section 849(b)(2), he was a prisoner while he was in jail, thus a city can claim immunity under Government Code section 844.6(a)(2) for injuries allegedly suffered by plaintiff while in jail.

Appellate Information

• Decided 04/28/2003
• Published 04/28/2003

Judges

• BROWN, J.

Court

• Supreme Court of California

Counsel

• For Appellees:
  
•  Robert W. Burnham, City Attorney, Daniel K. Ohl, Deputy City Attorney;  Glen E. Tucker, Pasadena;  Beam, Brobeck, West & Sullivan, Beam, Brobeck & West, David J. Brobeck, Jr., and Kermit D. Marsh, Santa Ana, for Defendant and Appellant., Jones & Mayer, Martin J. Mayer. Long Beach, and Michael R. Capizzi, Santa Ana, for California State Sheriffs' Association, California Police Chiefs Association, California Peace Officers' Association, California State Association of Counties and Ten California Cities as Amici Curiae on behalf of Defendant and Appellant., Michael R. Cully and Associates, Michael R. Cully, Huntington Beach;  and Jean Ballantine, Los Angeles, for Plaintiff and Respondent.