County of Sacramento v. Superior Court

Colley & McGhee and Nathaniel S. Colley for Real Party in Interest.

OPINION

McCOMB, J.

Petitioner seeks a writ of prohibition restraining respondent court from proceeding in a wrongful death action filed by real parties in interest against petitioner.

Facts: Real parties in interest allege in their complaint that they are the heirs of Kenneth Jack Federer, who was shot and killed by prisoners in the process of a burglary of the Federer home following their escape from a jail owned and maintained by petitioner. They allege that petitioner was negligent in classifying, supervising, and detaining the prisoners, resulting in their escape, and in failing to pursue the escaped prisoners and warn local residents of their escape. Petitioner demurred to the complaint on the ground that section 845.8, subdivision (b), of the Government Code [1] provides an immunity to public entities for injury caused by an escaped prisoner; but respondent court overruled the demurrer.

Yes. (1) Prohibition is an appropriate remedy where, as here, it is desirable that an important jurisdictional question presented by the defense of sovereign immunity from suit should be speedily determined. ( People v.…

Petitioner seeks a writ of prohibition restraining respondent court from proceeding in a wrongful death action filed by real parties in interest against petitioner.

Facts: Real parties in interest allege in their complaint that they are the heirs of Kenneth Jack Federer, who was shot and killed by prisoners in *481 the process of a burglary of the Federer home following their escape from a jail owned and maintained by petitioner. They allege that petitioner was negligent in classifying, supervising, and detaining the prisoners, resulting in their escape, and in failing to pursue the escaped" prisoners and warn local residents of their escape. Petitioner demurred to the complaint on the ground that section 845.8, subdivision (b), of the Government Code 1 provides an immunity to public entities for injury caused by an escaped prisoner; but respondent court overruled the demurrer.

Questions: First. Is prohibition an appropriate remedy?

Yes. Prohibition is an appropriate remedy where, as here, it is desirable that an important jurisdictional question presented by the defense of sovereign immunity from suit should be speedily determined. (People v. Superior Court, 29 Cal.2d…

I dissent. As the majority opinion states, “real parties in interest, although recognizing that there is immunity for discretionary acts of petitioner’s employees ([Gov. Code, ] § 820.2), contend that there is no immunity with respect to ministerial acts and that the alleged acts of petitioner’s employees in leaving the jail doors unlocked were ministerial in nature.” (Majority opn., ante, p. 485.) The majority insist that the' cloak of absolute immunity saves the state from any liability for the negligence of its employees in leaving open the doors to the jail.

The majority rely upon Government Code section 845.8 providing that “Neither a public entity nor a public employee is liable for . . . (b) any injury caused by an escaping or escaped prisoner.” The majority state “[I]t must be assumed that if the Legislature had intended that there be any such exclusion of immunity with respect to section 845.8, subdivision (b), it would have so provided.” (Majority opn., ante, p. 483.) Hence, the majority assume that the section confers an absolute immunity and does not distinguish between ministerial and discretionary acts. Such assumption as to legislative intent, however, must…