Patricia J. v. Rio Linda Union School District

Plaintiffs John and Angie J., as guardians ad litem for Patricia J., appeal from judgments following an order sustaining without leave to amend the demurrer of the County of Sacramento and orders granting judgment on the pleadings to the Sacramento City and Rio Linda Union School Districts. The sole issue on appeal is whether governmental immunity for injuries caused by or to a “prisoner” conferred by Government Code section 844.6 extends to injuries caused by a minor who has been adjudged a ward of the juvenile court and placed in the custody of his parent.

The facts are not in dispute and appear from the judgment roll.

In June 1973, Lawrence C. was found to have committed robbery and unlawful sexual intercourse (Pen. Code, §§ 211, 261.5), and was made a ward of the juvenile court under Welfare and Institutions Code section 602. He was committed to the custody of his mother and placed under supervision by the Sacramento County Probation Department. In August 1973, the Sacramento City School District as administrator of the “Neighborhood Youth Program” found employment for Lawrence in Rio Linda Union School District as an assistant custodian at the Orchard School. The…