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 § 845.8 (2026)

✓ current as of May 2026
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Neither a public entity nor a public employee is liable for:

(a)Any injury resulting from determining whether to parole or release a prisoner or from determining the terms and conditions of his parole or release or from determining whether to revoke his parole or release.

(b)Any injury caused by:

(1)An escaping or escaped prisoner;

(2)An escaping or escaped arrested person; or

(3)A person resisting arrest.

Notes of Decisions
Cited in 40 cases (8 in the last 5 years), 1964–2026 · leading case: James Steinle v. City & Cnty. of S.F., 919 F.3d 1154 (9th Cir. 2019).
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James Steinle v. City & Cnty. of S.F., 919 F.3d 1154 (9th Cir. 2019). · cites it 2× “Judge Graber concurred in the opinion which relied on the general discretionary-immunity statute, California Government Code section 820.2, but wrote separately to add that the California legislature has provided an even clearer, specific grant of immunity to defendants in the…”
Ladd v. Cnty. of San Mateo, 911 P.2d 496 (Cal. 1996). · cites it 4× “Government Code section 845.8 provides that public entities and employees are immune from liability for injuries "caused by" an escaping prisoner or arrestee.”
State Dep't of State Hospitals v. Superior Court, 349 P.3d 1013 (Cal. 2015). · cites it 2× “) The Court of Appeal agreed with the plaintiffs that the commissioner had a mandatory duty to investigate complaints, 13 As noted above, Government Code section 845.8, subdivision (a), immunizes public employees from liability for ―[a]ny injury resulting from determining…”
Thompson v. Cnty. of Alameda, 614 P.2d 728 (Cal. 1980). · cites it 2× “In Martinez , the high court rejected a contention that the California governmental immunity statutes (Gov. Code, § 845.8 in particular) deprived plaintiffs' decedent of her life without due process of law because of a parole decision that led indirectly to her death.”
Jaycee Dugard v. United States, 835 F.3d 915 (9th Cir. 2016). · cites it 2× “In so holding, the Court found that the state employees did not have immunity under Government Code section 845.8, which provides that: “Neither a public entity nor a public employee is liable for: (a) Any injury resulting from determining whether to parole or release a prisoner…”
Thomas v. City of Richmond, 892 P.2d 1185 (Cal. 1995). · cites it 4× “Vehicle Code section 17001 and Government Code section 845.8 Vehicle Code section 17001 is not a general liability statute, but one that specifically imposes liability upon a "public entity.”
Lopez v. S. California Rapid Transit Dist., 710 P.2d 907 (Cal. 1985). · cites it 2× “) The court’s approach to reconciling the conflicting provisions of sections 17001 and 845.8 was “to consider whether the liabilities imposed by legislation outside the [[Tort Claims Act]] serve a purpose that is frustrated by an immunity under the act.”
Martinez v. California, 444 U.S. 277 (1980). “6 “Martinez says the statute, Government Code section 845.8, subdivision (a), is unconstitutional because it permits the deprivation of life, a fundamental right, without due process.”
Johnson v. State of California, 447 P.2d 352 (Cal. 1968). · cites it 2× “the terms and conditions of [a prisoner's] parole or release" (Gov. Code, § 845.8, subd. (a)) does not control the instant situation.”
Duarte v. City of San Jose, 100 Cal. App. 3d 648 (Cal. Ct. App. 1980). · cites it 2× “However, Government Code section 845.8, subdivision (b) provides in pertinent part that neither a public entity nor a public employee is liable for an injury caused by an escaping prisoner, an escaping or escaped arrested person, or a person resisting arrest.”
Kisbey v. State of California, 682 P.2d 1093 (Cal. 1984). · cites it 2× “" (Gov. Code, § 845.8, subd. (b)(3).) [1] The majority have ignored the well-established principle that "[u]nless the Legislature has clearly provided for immunity, the important societal goal of compensating injured parties for damages caused by willful or negligent acts must…”
Meddock v. Cnty. of Yolo CA3, 220 Cal. App. 4th 170 (Cal. Ct. App. 2013). “(Gov. Code, § 845.8, subd. (b)(1).) The court rejected the claim that the immunity extended only to injuries to others caused by an escapee: “Section 845.”
Show all 40 citing cases →
— Cal. Government Code § 845.8(a) — 2 cases
James Steinle v. City & Cnty. of S.F., 919 F.3d 1154 (9th Cir. 2019). “Judge Graber concurred in the opinion which relied on the general discretionary-immunity statute, California Government Code section 820.2, but wrote separately to add that the California legislature has provided an even clearer, specific grant of immunity to defendants in the…”
Picariello v. Commonwealth, 421 A.2d 477 (Pa. Commw. Ct. 1980).
— Cal. Government Code § 845.8(b) — 1 case
Fink-Carver v. Kuhn (N.D. Cal. 2024).
— Cal. Government Code § 845.8(b)(3) — 1 case
Fink-Carver v. Kuhn (N.D. Cal. 2024).
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