Supreme Court of California

In a suit against the state and three parole agents for, among other things, negligence and false imprisonment arising from circumstances in which non-parolee plaintiff was erroneously arrested and jailed for someone else's probation violation, summary judgment for defendants is reversed as state defendants were not immune under Government Code section 845.8(a) for their decision to keep plaintiff in jail after they knew or should have known he was not the parolee.

Appellate Information

• Decided 08/16/2007
• Published 08/16/2007

Judges

• KENNARD, J.

Court

• Supreme Court of California

Counsel

• For Appellant:
  
• Robert Mann and Donald W. Cook, for Plaintiff and Appellant., Law Offices of John Burton and John Burton, Pasadena, for LA Police Watch as Amicus Curiae on behalf of Plaintiff and Appellant.


• For Appellees:
  
• Bill Lockyer and Edmund G. Brown, Jr., Attorneys General, Manuel M. Medeiros, State Solicitor General, James M. Humes, Chief Assistant Attorney General, James M. Schiavenza, Assistant Attorney General, Marsha S. Miller and Paul C. Epstein, Deputy Attorneys General, for Defendants and Respondents.