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Cal. Government Code § 845.6 (2026)

✓ current as of May 2026
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Neither a public entity nor a public employee is liable for injury proximately caused by the failure of the employee to furnish or obtain medical care for a prisoner in his custody; but, except as otherwise provided by Sections 855.8 and 856, a public employee, and the public entity where the employee is acting within the scope of his employment, is liable if the employee knows or has reason to know that the prisoner is in need of immediate medical care and he fails to take reasonable action to summon such medical care. Nothing in this section exonerates a public employee who is lawfully engaged in the practice of one of the healing arts under any law of this state from liability for injury proximately caused by malpractice or exonerates the public entity from its obligation to pay any judgment, compromise, or settlement that it is required to pay under subdivision (d) of Section 844.6.

Notes of Decisions
Cited in 182 cases (108 in the last 5 years), 1970–2026 · leading case: Shane Horton v. City of Santa Maria, 915 F.3d 592 (9th Cir. 2019).
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Shane Horton v. City of Santa Maria, 915 F.3d 592 (9th Cir. 2019). · cites it 7× “Finally, the panel affirmed the district court’s denial of summary judgment to defendants on the state law claim brought pursuant to California Government Code § 845.6, concluding that there was a genuine issue of material fact as to liability under state law.”
Scalia v. Cnty. of Kern, 308 F. Supp. 3d 1064 (E.D. Cal. 2018). · cites it 5× “§ 1983 and state law causes of action for Bane Act violations, failure to summon medical care pursuant to California Government Code § 845.6, negligence, and medical negligence.”
Atayde v. Napa State Hosp., 255 F. Supp. 3d 978 (E.D. Cal. 2017). · cites it 6× “1; (iv) claims under the Americans with Disabilities Act (“ADA”) and the Rehabilitation Act of 1973 (“RA”) against defendants Merced County, NSH, and CFMG; (v) claims under California Government Code § 845.6 against defendants White, NSH, the County, and Goins; (vi) negligence…”
Villarreal v. Cnty. of Monterey, 254 F. Supp. 3d 1168 (N.D. Cal. 2017). · cites it 6× “Under California Government Code § 845.6, a public entity or public employee is generally not “liable for injury proximately caused by the failure of the employee to furnish or obtain medical care for a prisoner in his [or her] custody.”
M.H. v. Cnty. of Alameda, 90 F. Supp. 3d 889 (N.D. Cal. 2013). · cites it 5× “§ 1983 , California’s Bane Act, and California Government Code Section 845.6.”
Cotton v. City of Eureka, 860 F. Supp. 2d 999 (N.D. Cal. 2012). · cites it 5× “The First Amended Complaint filed on May 21, 2009, alleged eight causes of action for: (1) excessive force in violation of the Fourth Amendment; (2) deliberate indifference to serious medical needs in violation of the Fourteenth Amendment; (3) supervisory liability under § 1983;…”
Lawman v. City & Cnty. of San Francisco, 159 F. Supp. 3d 1130 (N.D. Cal. 2016). · cites it 3× “§ 12132 , against all Defendants; 5) violation of California Government Code section 845.6 against all Defendants; 6) violation of California’s Bane Act, California Civil Code section 52.”
Lawson v. Superior Court, 180 Cal. App. 4th 1372 (Cal. Ct. App. 2010). · cites it 3× “) In addition, Government Code section 845.6, focuses more specifically on the extent of immunity applicable to a prisoner’s claim for failure to provide medical care.”
Lapachet v. Cal. Forensic Med. Grp., Inc., 313 F. Supp. 3d 1183 (E.D. Cal. 2018). · cites it 3× “Claim Under California Government Code § 845.6 Defendants next move to dismiss the sixth cause of action of the complaint, which alleges a violation of California Government Code § 845.”
Wolff v. California, 318 F.R.D. 627 (C.D. Cal. 2016). “The Complaint asserted causes of action for: (1) negligence; (2) intentional infliction of emotional distress; (3) “civil rights violations”; (4) “intentional infliction of pain and suffering causing permanent injury and near death”; (5) “failure to summons and provide adequate…”
M.H. v. Cnty. of Alameda, 62 F. Supp. 3d 1049 (N.D. Cal. 2014). · cites it 5× “California Government Code Section 845.6.”
Maddox v. City of Los Angeles, 792 F.2d 1408 (9th Cir. 1986). · cites it 8× “Maddox also claims the district court erred in failing to instruct the jury that the police officers’ violations of (1) Cal.Gov.Code § 845.6; and (2) Los Angeles Police Commission’s moratorium on choke hold use are negligence per se.”
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