Ortega

This tragic case will make you sad.

On August 21, 2001, police arrested Michael Ortega because he was screaming uncontrollably in the street and around his apartment and was violently banging on a refrigerator. A urine test showed Michael was under the influence of phencyclidine (PCP).

The Sacramento County Department of Health and Human Services— Child Protective Services of Sacramento County (CPS)—took Michael’s 11-year-old daughter, Mijalina into protective custody.

A CPS social worker conducted an investigation and returned Mijalina to her father’s home on August 24, 2001.

Four days later, on August 28, 2001, Michael stabbed Mijalina in the heart and lung. She survived.

Acting through her legal guardian, Mijalina has sued CPS and two social workers who participated in the release of Mijalina to her father.

The trial court granted summary judgment, relying in part on the immunity for discretionary acts of government employees set forth in Government Code Section 820.2 as follows: “Except as otherwise provided by statute, a public employee is not liable for any injury resulting from his act or omission where the act or omission was the result of the exercise of…