Jenkins

This is an appeal from a judgment that followed summary judgment for defendants. Plaintiff and appellant, Joseph Christian Jenkins, sued the County of Los Angeles and certain deputy sheriffs, claiming that he was injured as a result of an unlawful use of force. Summary judgment was granted on the ground that Civil Code section 3333.3 bars the suit. Section 3333.3, adopted by initiative in 1996, provides: “In any action for damages based on negligence, a person may not recover any damages if the plaintiff’s injuries were in any way proximately caused by the plaintiff’s commission of any felony, or immediate flight therefrom, and the plaintiff has been duly convicted of that felony.”

We conclude that the trial court erred in granting summary judgment for two reasons: (1) section 3333.3 does not apply to causes of action for intentional torts; and (2) appellant raised a triable issue of material fact as to whether his injuries were sustained during immediate flight from the commission of a felony.

For the guidance of the trial court on remand, we also discuss appellant’s argument that the statute is not retroactive, and that, if it is, that application would violate his…