Mason v. Kernan CA6

I. INTRODUCTION

Plaintiff James Mason allegedly contracted coccidioidomycosis (commonly known as valley fever) while incarcerated at a prison in Soledad. Plaintiff, a self-represented litigant, filed a civil action alleging negligence and dangerous condition of public property against (1) defendant S. Kernan, the former Secretary of the Department of Corrections and Rehabilitation (CDCR); (2) defendant S. Hatton, the former warden at the prison in Soledad; and (3) S. Posson,1 the chief medical officer at the prison. Defendants filed multiple demurrers contending, among other arguments, that they were statutorily immune from liability based on Government Code section 855.4, 2 which provides immunity to a public employee for “an injury resulting from the decision to perform or not to perform any act to

1 Defendant Posson states that he was erroneously sued as “D.F. Posson.” 2 All further statutory references are to the Government Code unless otherwise indicated. promote the public health of the community by preventing disease or controlling the communication of disease within the community.” (Id., subd. (a).) The trial court sustained defendants’ demurrer to the first amended…