Swift

Swift v. Department of Corrections

Caution
11 Cal. Rptr. 3d 406·116 Cal. App. 4th 1365·2004 Cal. App. LEXIS 368·2004 Daily Journal DAR 3638·2004 Cal. Daily Op. Serv. 2452
Court of Appeal of CaliforniaMarch 23, 2004D041404California2,547 words

Opinion

Opinion

Aaron, J.

I.

INTRODUCTION

Plaintiff Michael L. Swift appeals the dismissal of his action after the trial court sustained, without leave to amend, the Department of Corrections’ (Department) demurrer to Swift’s complaint. Swift brought a five-count complaint against the Department in connection with his imprisonment for an alleged parole violation. The trial court concluded that the Department is immune from Swift’s action pursuant to Government Code section 845.8, which provides public entities immunity from injuries resulting from “determining whether to revoke . . . parole . . . .” We affirm the judgment.

II.

FACTUAL AND PROCEDURAL BACKGROUND

In our review of the trial court’s order sustaining the Department’s demurrer, we assume the truth of all facts properly pleaded in Swift’s complaint. (See, e.g., Fleming v. State of California (1995) 34 Cal.App.4th 1378, 1381 [ 41 Cal.Rptr.2d 63 ].)

In February 1994, Swift was sentenced to state prison for 16 months following his conviction for issuing a forged check. He was released on November 16, 1994, and began parole under the Department’s supervision. In March 1995, Swift received permission to serve his parole in Iowa pursuant…

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