(a)Notwithstanding any other provision of this part, except as provided in this section and in Sections 814, 814.2, 845.4, and 845.6, or in Title 2.1 (commencing with Section 3500) of Part 3 of the Penal Code, a public entity is not liable for:
(1)An injury proximately caused by any prisoner.
(2)An injury to any prisoner.
(b)Nothing in this section affects the liability of a public entity under Article 1 (commencing with Section 17000) of Chapter 1 of Division 9 of the Vehicle Code.
(c)Except for an injury to a prisoner, nothing in this section prevents recovery from the public entity for an injury resulting from the dangerous condition of public property under Chapter 2 (commencing with Section 830) of this part.
(d)Nothing in this section exonerates a public employee from liability for injury proximately caused by his negligent or wrongful act or omission. The public entity may but is not required to pay any judgment, compromise or settlement, or may but is not required to indemnify any public employee, in any case where the public entity is immune from liability under this section; except that the public entity shall pay, as provided in Article 4 (commencing with Section 825) of Chapter 1 of this part, any judgment based on a claim against a public employee who is lawfully engaged in the practice of one of the healing arts under any law of this state for malpractice arising from an act or omission in the scope of his employment, and shall pay any compromise or settlement of a claim or action, based on such malpractice, to which the public entity has agreed.
Notes of Decisions
Teter v. City of Newport Beach, 66 P.3d 1225 (Cal. 2003).
· cites it 10× “" [5] Government Code section 844.6 states: "(a) Notwithstanding any other provision of this part, except as provided in this section and in Sections 814, 814.”
Towery v. State, 221 Cal. Rptr. 3d 692 (Cal. Ct. App. 5th 2017).
· cites it 3× “2d 1320 [the specific immunity provided by Government Code section 820.2"cannot be abrogated by a statute which simply imposes a general legal duty or liability on persons, including public employees"].”
Lawson v. Superior Court, 180 Cal. App. 4th 1372 (Cal. Ct. App. 2010).
· cites it 3× “” (Gov. Code, § 844.6, subd. (d).) In addition, Government Code section 845.”
Lapachet v. Cal. Forensic Med. Grp., Inc., 313 F. Supp. 3d 1183 (E.D. Cal. 2018).
· cites it 3× “The court will therefore dismiss the Bane Act claim against defendant Christianson for failure to state a claim.”
Thomas v. City of Richmond, 892 P.2d 1185 (Cal. 1995).
· cites it 4× “Government Code section 844.6 generally provides immunity for injuries by and to prisoners, but subdivision (b) of that section states, "Nothing in this section affects the liability of a public entity under Article 1 (commencing with Section 17000) of Chapter 1 of Division 9 of…”
Horwich v. Superior Court, 980 P.2d 927 (Cal. 1999).
· cites it 2× “" The statute nevertheless contained an exception: "Nothing in this section prevents a person, other than a prisoner, from recovering from the public entity for an injury resulting from the dangerous condition of public property.”
People v. Maher, 550 P.2d 1044 (Cal. 1976).
· cites it 2× “(Gov. Code, § 844.6, subd. (d); cf. Larson v.”
Cabral v. Cnty. of Glenn, 624 F. Supp. 2d 1184 (E.D. Cal. 2009).
· cites it 2× “Pursuant to California Government Code § 844.6, which provides that “a public entity is not liable for .”
Larcher v. Wanless, 557 P.2d 507 (Cal. 1976).
“6) was held to refer to the death of a decedent prisoner and to allow recovery for wrongful death by the heirs of that prisoner, even though the decedent himself could not have recovered for his personal injuries while alive.”
Nelson v. State of California, 139 Cal. App. 3d 72 (Cal. Ct. App. 1982).
“Government Code section 844.6 provides that a public entity is immune from liability for injuries to prisoners, except that it must pay judgments based on malpractice against public employees who are lawfully engaged in the practice of one of the healing arts.”
Zellerino v. Brown, 91 Cal. Daily Op. Serv. 8814 (Cal. Ct. App. 1991).
“The trial court granted County judgment on the pleadings based on governmental immunity (Gov. Code, § 844.6,) and County is not a party on appeal.”
— Cal. Government Code § 844.6(a) — 4 cases
— Cal. Government Code § 844.6(a)(2) — 14 cases
Teter v. City of Newport Beach, 66 P.3d 1225 (Cal. 2003).
“" [5] Government Code section 844.6 states: "(a) Notwithstanding any other provision of this part, except as provided in this section and in Sections 814, 814.”
— Cal. Government Code § 844.6(d) — 8 cases
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