Cal. Codes » Government Code / TITLE 1. GENERAL / DIVISION 3.6. CLAIMS AND ACTIONS AGAINST PUBLIC ENTITIES AND PUBLIC EMPLOYEES / PART 2. LIABILITY OF PUBLIC ENTITIES AND PUBLIC EMPLOYEES / CHAPTER 3. Police and Correctional Activities
California Codes

Cal. Government Code § 844 (2026)

✓ current as of May 2026
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As used in this chapter, “prisoner” includes an inmate of a prison, jail, or penal or correctional facility. For the purposes of this chapter, a lawfully arrested person who is brought into a law enforcement facility for the purpose of being booked, as described in Section 7 of the Penal Code, becomes a prisoner, as a matter of law, upon his or her initial entry into a prison, jail, or penal or correctional facility, pursuant to penal processes.

Notes of Decisions
Cited in 17 cases (3 in the last 5 years), 1974–2025 · leading case: Lawson v. Superior Court, 180 Cal. App. 4th 1372 (Cal. Ct. App. 2010).
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Lawson v. Superior Court, 180 Cal. App. 4th 1372 (Cal. Ct. App. 2010). · cites it 2× “” (Gov. Code, § 844.) 2. Lawson Was a Prisoner, and Thus the State and Koen Are Entitled to the Immunity Set Forth in Government Code Sections 844.”
Sullivan v. Cnty. of Los Angeles, 527 P.2d 865 (Cal. 1974). · cites it 2× “The Legislature devoted a separate chapter of the 1963 Tort Claims Act to "Police and Correctional Activities" (Gov. Code, § 844 et seq.). Section 844.6 sets forth the general rule of immunity, providing that "Notwithstanding any other provision of this part [relating to…”
Teter v. City of Newport Beach, 66 P.3d 1225 (Cal. 2003). · cites it 2× “To reiterate, Government Code section 844 provides that "[a]s used in this chapter, `prisoner' includes an inmate of a prison, jail, or penal or correctional facility.”
Zeilman v. Cnty. of Kern, 168 Cal. App. 3d 1174 (Cal. Ct. App. 1985). “34 ], the court summarized much of the applicable case law: “A ‘ “prisoner” includes an inmate of a prison, jail or penal or correctional facility’ (Gov. Code, § 844). The Legislative Committee comment on this section, includes as prisoners persons in the custody of a law…”
Love v. Sunflower Cnty. Sheriff's Dept., 860 So. 2d 797 (Miss. 2003). “at 1227 (quoting California Government Code Section 844)(emphasis in original).”
Patricia J. v. Rio Linda Union Sch. Dist., 61 Cal. App. 3d 278 (Cal. Ct. App. 1976). “Government Code section 844 provides the fundamental definition of the term “prisoner” from which our inquiry flows: “As used in this chapter, ‘prisoner’ includes an inmate of a prison, jail or penal or correctional facility.”
Deutch v. Hoffman, 165 Cal. App. 3d 152 (Cal. Ct. App. 1985). “While the term “prisoner” is not defined in the Code of Civil Procedure, for certain purposes it is expressly said to include “an inmate of a prison, jail or penal or correctional facility.”
Sahley v. Cnty. of San Diego, 69 Cal. App. 3d 347 (Cal. Ct. App. 1977). “” *349 A “ ‘prisoner’ includes an inmate of a prison, jail or penal or correctional facility” (Gov. Code, § 844). The Legislative Committee comment on this section includes as prisoners persons in the custody of a law enforcement officer although undergoing medical treatment in…”
Peterson v. Cnty. of Los Angeles, 185 Cal. App. 3d 705 (Cal. Ct. App. 1986). “(Gov. Code, §§ 844, 844.6.) In support of the motion defendant submitted the declaration of its attorney incorporating plaintiff’s answers to interrogatories and portions of his deposition testimony.”
Terzian v. Cnty. of Ventura, 94 Cal. Daily Op. Serv. 2589 (Cal. Ct. App. 1994). “(Gov. Code, § 844.) The parties stipulated that the success of appellants’ lawsuit against the *84 County depended upon whether decedent Charles Brown was a “prisoner” within the meaning of the Government Code at the time he received the medical care alleged to be negligent.”
Reed v. Cnty. of Santa Cruz, 95 Cal. Daily Op. Serv. 6727 (Cal. Ct. App. 1995). “Plaintiff Was a “Prisoner” as a Matter of Law “[A] public entity is not liable for: HD (1) An injury proximately caused by any prisoner. [ |] (2) An injury to any prisoner.”
Hosp. Comm. for Livermore-pleasanton Areas v. City of Oakland, 176 Cal. App. 4th 1360 (Cal. Ct. App. 2009). “(Gov. Code, § 844 [“a lawfully arrested person who is brought into a law enforcement facility for the purpose of being booked .”
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