Is supervision of a prison inmate more dangerous than the supervision of the general public by a police officer?

California, United States of America


The following excerpt is from People v. Garcia, 178 Cal.App.3d 887, 223 Cal.Rptr. 884 (Cal. App. 1986):

"It cannot be seriously contended that the supervision of prison inmates is any less hazardous than the supervision of the general public by policemen. Detection of criminal activity within the walls of a [178 Cal.App.3d 896] prison cannot be functionally distinguished from the detection of criminal activity in society. Fellow correctional officers and prison inmates are entitled to the same expectation as the general public with respect to protection against criminal attack." (Kimball v. County of Santa Clara (1972) 24 Cal.App.3d 780, 785 [101 Cal.Rptr. 353] [correctional officer employed by county sheriff's office engaged in "active law enforcement service" within the meaning of disability leave of absence law]; see also 52 Ops.Cal.Atty.Gen. 228.)

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