Stout

This is an appeal following a judgment of dismissal after the Superior Court of the County of Tulare sustained the respondents’ demurrer.

On December 30, 1979, at approximately 1:30 in the morning, appellant Michael Eugene Stout was walking along Main Street in the City of Porter-ville (hereinafter City). At about that time, Officer Clarence Semonious of City’s police department stopped and questioned Stout regarding the reason for his presence in the area and regarding his state of sobriety. Stout alleges that at the time he was questioned by Officer Semonious, he was voluntarily intoxicated and was unable to provide reasonable care for himself. Officer Semonious did not apprehend Stout and place him in some form of custody, either arrest and jail or custody in a detoxification unit, as defined in the Welfare and Institutions Code. Stout alleges that Officer Semonious’ failure to place him in custody caused the subsequent injuries he suffered when he was later struck by a vehicle driven by a third party defendant.

Appellants filed a complaint for damages. The first cause of action alleged that City and Officer Semonious were responsible for Stout’s injuries because…