Can a public entity be held liable for the death of a prisoner under section 844.6, subdivision (c) of the California Criminal Code?

California, United States of America


The following excerpt is from Lowman v. County of Los Angeles, 127 Cal.App.3d 613, 179 Cal.Rptr. 709 (Cal. App. 1982):

Garcia v. State of California (1967) 247 Cal.App.2d 814, 56 Cal.Rptr. 80 held that the language of section 844.6, subdivision (c), which as originally enacted stated in part that "(n)othing in this section prevents a person, other than a prisoner, from recovering from the public entity for an injury resulting from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 ...," created an exception allowing actions for deaths of prisoners resulting from the dangerous condition of public property. The court stated, "No liability is imposed upon a public entity by reason of the death of a prisoner resulting from an act of the prisoner himself, acts of other prisoners, acts of prison employees, or acts of prison invitees, whether committed negligently or wilfully." (Id., at p. 817, 56 Cal.Rptr. 80.)

Other Questions


Can a defendant be found to have committed a single physical act for purposes of section 654 of the California Criminal Code, Section 215 of the Code of Civil Procedure, Section 422 of the Criminal Code for carjacking? (California, United States of America)
Does section 27 of the California Criminal Code, section 778a, subdivision (a)(1) of the Criminal Code of California apply to a defendant who is charged with a charge of conspiracy to commit a crime committed outside of the state? (California, United States of America)
Does Section 669, subdivision (a) of the California Criminal Code, section 669 of the Criminal Code apply to a life sentence for a convicted rapist who has been sentenced to life in prison without a chance of parole? (California, United States of America)
What is the difference between Section 667.5, subdivision (b) of the California Criminal Code and section 667, subdivision 5, of the Criminal Code? (California, United States of America)
How have sections 424, subdivision 1 and 425 of the California Criminal Code been interpreted in the context of Section 424(1) of the Criminal Code? (California, United States of America)
Does section 667 of the California Criminal Code prohibit the District Attorney from invoking section 654 of the Criminal Code to strike a prior conviction enhancement under Section 667? (California, United States of America)
Can a defendant be punished under section 654 of the California Criminal Code for failing to comply with the requirements of Section 654, subdivision (a) of the Criminal Code? (California, United States of America)
Does the Attorney General's sentencing error under section 667.5, subdivision (a) of the California Criminal Code apply to recidivism enhancements under sections 667 and 667 of the Criminal Code? (California, United States of America)
Does Section 654, subdivision (a) of the California Code of Criminal Procedure, section 654 of the Criminal Code, allow a defendant to be punished for more than one act? (California, United States of America)
Is a criminal offence punishable by section 654 (a) of the Criminal Code of Ontario's Criminal Code punishable by Section 654, subdivision (a), punishable by the same law, punishable by a different law? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.