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19 Hastings L.J. 573 (1967-1968)
California Public Entity Immunity from Tort Claims by Prisoners

handle is hein.journals/hastlj19 and id is 623 raw text is: CALIFORNIA PUBLIC ENTITY IMMUNITY FROM TORT CLAIMS BY PRISONERS Prior to 1961, the doctrine of sovereign immunity was a part of the law of California.' In 1961, the doctrine was abruptly abrogated by judicial decision.2 The reaction to this abrogation was the enact- ment of the California Tort Claims Act.3 Within this Act, there is granted to public entities an immunity from liability for injuries to prisoners.4 The theory behind this immunity is that no tort liability should be admitted for damages sustained as the con- sequence of conditions which are common to all inmates and which simply represent a reasonable application of general policy deter- minations by responsible prison or jail authorities with respect to the administration of such institutions.5 The immunity is intended to prevent a prisoner from recovering from a public entity for injuries caused by its employees. This note will seek to determine the extent to which the public entity is pro- tected by this immunity. Additionally, the court decisions interpret- ing the statutory exceptions will be examined to establish the need and desirability of such an immunity. Civil Death6 Before examining this aspect of sovereign immunity, it is neces- sary to determine the extent to which a prisoner is prevented from bringing suit by the concept of civil death. If civil death is absolute and irrevocable, the prisoner cannot sue and the immunity is un- necessary. On the other hand, if civil death only affects certain prisoners and is revocable,7 then the immunity has a serious effect on 1 Stanton, Sovereign Immunity, 38 CAL. S.B.J. 177 (1963). For a brief history of the doctrine of sovereign immunity see Muskopf v. Corning Hosp. Dist., 55 Cal. 2d 211, 214-17, 359 P.2d 457, 458-60, 11 Cal. Rptr. 89, 90-92 (1961). 2 Muskopf v. Corning Hosp. Dist., 55 Cal. 2d 211, 359 P.2d 457, 11 Cal. Rptr. 89 (1961); Lipman v. Brisbane Elementary School Dist., 55 Cal. 2d 224, 359 P.2d 465, 11 Cal. Rptr. 97 (1961). 3 Claims and Actions Against Public Entities and Public Employees (California Tort Claims Act), CAL. GOV'T CODE §§ 810-996.6. This Act was enacted after a 2-year moratorium on the effect of the Muskopf and Lipman cases as declared by Cal. Civ. Code § 22.3, Cal. Stats. 1961, ch. 1404, § 1, at 3209 (expired 1963), during which time a study was made on the need for sovereign immunity: 5 CAL. LAw REVISION COMm'x, REPORTS, RECOMMENDA- TIONS & STUDIES (1963). 4 CAL. GOV'T CODE § 844.6. 5 5 CAL. LAw REVIsIoN COMM'N, REPORTS, RIEcOMIENDATIONS & STUDIES 425 (1963). 6 Although the use of the term Civil Death is technically correct only when referring to persons incarcerated in a state prison for life, CAL. PEN. CODE § 2601, for the purposes of this note it will include all persons incar- cerated in a state prison, due to the fact that the right to bring civil suit has been suspended for prisoners with a sentence of less than life, CAL. PEN. CODE § 2600, as well as for those with life sentences. Civil Death is generally used herein to mean that the prisoner is unable to bring civil suit. 7 CAL. PEN. CODE § 2600 provides in part: A sentence of imprisonment [573)

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