Ley

Penal Code section 1618 provides that administrators and treatment staff of the Forensic Conditional Release Program (CONREP) and various state agencies and their employees shall not be civilly liable for criminal acts committed by persons in the program.

Plaintiff David Ley, a patient at CONREP, sustained injuries when another patient assaulted him with a knife. He brought an action for damages against defendants the State of California, Steven Mayberg, Director of the State Department of Mental Health, and William Summers, Director of Patton State Hospital (collectively the state); the County of Ventura, and David Gudeman, Director of the Ventura County Behavioral Health Department (collectively the county). He appeals the trial court’s dismissal of all his causes of action after granting the defendants’ motions for summary judgment.

We conclude, among other things, that section 1618 gives defendants absolute immunity from liability. Ley also did not produce evidence of a triable issue of fact to oppose summary judgment on his federal civil rights claim for damages. We affirm.

FACTS

Ley is a mentally disordered offender. (§ 2962.) He stabbed a security guard and was…