Johnson v. State of California

Plaintiff Ina Mae Johnson appeals from the granting of summary judgment in favor of defendant State of California.

In her first amended complaint for personal injuries plaintiff made the following allegations. On or about September 13, 1963, defendant, State of California, acting through Mr. William Baer, Placement Officer of the Youth Authority [an agency of the defendant state], requested Mr. Floyd N. Johnson and Mrs. Ina Mae Johnson to provide a foster home for one Gary Lee Chemlouski, age 16 years." The Youth Authority acted negligently in allowing "a 16 year old boy with homicidal tendencies, and a background of violence and cruelty towards both animals and humans to be placed in the home" of Mr. and Mrs. Johnson without "notice of any dangerous propensities" even though "defendants ... had notice of same." As a result of this negligence on the part of the state, "plaintiff Ina Mae Johnson was assaulted by said Gary Lee Chemlouski on September 18, 1963, and suffered the injuries hereinafter described.""

After answering this complaint the state moved for summary judgment, contending that Government Code sections 820.2 and 845.8 granted the state immunity from…