Martinez

George Martinez appeals the judgment following an order sustaining state’s demurrer without leave to amend.

Richard June-Jordan Thomas was convicted on December 12, 1969, of attempted forcible rape. He was sent to Atascadero State Hospital for six months where he was designated a “Mentally Disordered Sex Offender” (MDSO), not amenable to treatment. He was sentenced to prison for from sik months to twenty years in April 1970 and was paroled five yeárs later on condition he appear regularly at a “parole out-patient clinic.” Five months after his release Thomas kidnaped and murdered Mary Ellen Martinez, a fifteen year old.

George Martinez filed suit for his daughter’s wrongful death and for civil rights violations in six causes of action alleging defendants were negligent in releasing Thomas, failed to supervise Thomas properly while he was on parole, violated the Federal Civil Rights Act and failed to warn females Thomas was loose. He sought compensatory and punitive damages. We consider each cause of action in turn.

The first cause of action alleged the defendants were employed by the California Department of Corrections and the Adult Authority, had a duty to be…