Brenneman

On August 25, 1981, Robert J. Thompson, a convicted child molester out on parole, molested and murdered 12-year-old Benjamin Brenneman. Benjamin’s parents and sisters (Brennemans) sued the State of California and others; their theory against the state was negligent failure to control Thompson or to warn Benjamin of Thompson’s proclivities. Brennemans appeal dismissal as to the state, after a demurrer to their second amended complaint was sustained without leave to amend.

Alleged Facts

Prior to Benjamin’s murder, Thompson had been convicted of numerous sexual crimes against minors, one of these committed at knifepoint. After serving three years for the most recent of these offenses, he was paroled on May 6, 1981. As of that date, postrelease parole procedures for felons were outlined in the California Department of Corrections Parole Procedures Manual-Felon (Manual). Brennemans assert this manual was adopted pursuant to Penal Code section 5058, but the second amended complaint does not so allege. The Manual mandated an initial reassessment of the parolee’s “risks and needs” between 75 and 105 days from the date of release. As of August 25, 1981, 111 days after Thompson’s…