Larson

Defendant city appeals from an order granting a new trial rendered on the basis that respondent was not a “prisoner” under Government Code section 844.6, subdivision (a), as a matter of law. The action arose upon respondent’s complaint for damages for personal injuries sustained as a result of alleged assault and battery committed by defendant city’s police officer. The present order reversed an order granting defendant’s motion for nonsuit.

The testimony presented at trial pertinent to the issue on appeal may be summarized as follows: Shortly after 2 a.m. on September 29, 1964, Oakland Police Officer Ralph Sigler, Jr., observed a 1963 Buick Skylark automobile being driven by respondent, then age 22, proceed through a flashing red stoplight without making a complete stop. Accompanying respondent in his vehicle was Patrick Moran, then age 20. Officer Sigler testified he heard the vehicle’s tires screeching and saw it slide “halfway around in the intersection.” The officer said he waved a flashlight at the vehicle, calling out several times for it to pull over, but that after slowing down and coming within a few feet of him, it proceeded on without stopping.

The officer…