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 § 845.2 (2026)

✓ current as of May 2026
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Except as provided in Chapter 2 (commencing with Section 830), neither a public entity nor a public employee is liable for failure to provide a prison, jail or penal or correctional facility or, if such facility is provided, for failure to provide sufficient equipment, personnel or facilities therein.

Notes of Decisions
Cited in 6 cases (2 in the last 5 years), 2005–2025 · leading case: Wilkins-Jones v. Cnty. of Alameda, 859 F. Supp. 2d 1039 (N.D. Cal. 2012).
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Wilkins-Jones v. Cnty. of Alameda, 859 F. Supp. 2d 1039 (N.D. Cal. 2012). “This Court later granted summary judgment to the County on the basis of statutory immunity under California Government Code §§ 845.2 and 844.”
Est. of Abdollahi Ex Rel. Abdollahi v. Cnty. of Sacramento, 405 F. Supp. 2d 1194 (E.D. Cal. 2005). “Defendants point to the state immunity provided by California Government Code § 845.2. Section 845.”
(PC) Mendoza Garcia v. California Dep't of Corr. & Rehab. (E.D. Cal. 2025). · cites it 2× “Section 845.2 provides that “neither a public entity nor a public employee is liable for a 20 failure to provide a prison, jail or penal or correctional facility, or, if such facility is provided, for 21 failure to provide sufficient equipment, personnel or facilities therein.”
(PC) Butler v. Kelso (E.D. Cal. 2023). “Gov Code § 8659 (a) 13 (services provided during state of emergency); (5) Cal. Gov. Code § 845.2 (insufficient 14 equipment, personnel, or facilities to allow inmates to quarantine or isolate away from other 15 groups); (6) Cal.”
Luttrell v. Hart (N.D. Cal. 2020). “6 25 26 5 The Court need not determine whether California Government Code Sections 845.2 and 845.”
Greer v. Cnty. of San Diego (S.D. Cal. 2019). “22 California Government Code § 845.2 provides, “neither a public entity nor a public 23 employee is liable for .”
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