County of Lassen v. State of California

In July 1989, appellants County of Lassen (County) and Ron Jarrell, Sheriff of Lassen County, were sued in a class action federal civil rights suit by inmates of Lassen County jail who alleged that conditions in the jail were inadequate under the United States Constitution. (Barbara Doty et al. v. County of Lassen et al. (Doty v. County of Lassen (U.S. Dist. Ct. (E.D.Cal.) No. CIVS-89-1019-LKK-JFM) [pending action], hereafter the Doty action.)

The County thereafter filed a claim with the State Board of Control pursuant to the California Tort Claims Act (Gov. Code, § 810 et seq.), seeking indemnification from the state for costs and attorney fees incurred in defending the Doty action. The claim was denied.

Subsequently the County filed a complaint for declaratory relief and negligence against respondents the State of California, the Attorney General of the State of California, and the State Board of Corrections (hereafter collectively the State), seeking the relief previously sought in the County’s tort claim. The state demurred to the complaint on the grounds that it failed to state a cause of action and that the suit was barred by governmental immunity. The trial court…