Wright

Wright v. State

Good Law
122 Cal. App. 4th 659·19 Cal. Rptr. 3d 92·2004 Cal. App. LEXIS 1581·2004 Daily Journal DAR 11868·2004 Cal. Daily Op. Serv. 8641
Court of Appeal of CaliforniaSeptember 21, 2004No. C044302California4,018 words

Opinion

lead Opinion

Nicholson, J.

*663 Opinion

Plaintiff Justin Wright appeals from a judgment of dismissal in favor of the State of California, the Department of Corrections and certain administrative and medical personnel in that department (collectively, the State). The trial court granted the State’s demurrer to Wright’s complaint alleging medical malpractice and failure to furnish medical care. We affirm the judgment.

We conclude, as did the trial court, that Wright cannot maintain this action because he failed to exhaust his available administrative remedies. Wright concedes that he has not completed the administrative process provided by the Department of Corrections (Department). Although money damages are unavailable in the administrative process, Wright must exhaust his administrative remedies before seeking judicial relief. Even where money damages are unavailable, the exhaustion requirement furthers important interests: prison autonomy, mitigating damages, application of Department expertise, and order in the court system. We also conclude the State is immune from suit for intentional infliction of emotional distress and negligence.

FACTS

Wright is a state prison inmate. Beginning August 22, 2001,…

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