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Cal. Gov. Code § 845.8

Section 845.8 - Injuries resulting from parole or release, escape, resisting arrest
Section 845.8 - Injuries resulting from parole or release, escape, resisting arrest

1 Citing brief

  1. Steinle, et al v. United States of America, et al

    MOTION to Dismiss Notice of Motion and Motion to Dismiss; Memorandum of Points and Authorities in Support of Defendants The City and County of San Francisco's and Ross Mirkarimi's Motion to Dismiss

    Filed July 25, 2016

    8(A) AND 846 PROVIDE IMMUNITY SPECIFICALLY APPLICABLE TO PLAINTIFFS’ CLAIM THAT DEFENDANTS SHOULD NOT HAVE RELEASED LOPEZ-SANCHEZ FROM SHERIFF’S CUSTODY The California Legislature had adopted a number of provisions granting immunity to government officials for the consequences of their decisions to release potentially violent persons from custody, all of which apply here. California Government Code § 845.8(a) grants immunity to public entities and employees for "[a]ny injury resulting from determining whether to parole or release a prisoner or from determining the terms and conditions of his parole or release or from determining whether to revoke his parole or release." California Government Code § 846 provides immunity to public entities and employees "for injury caused by the failure to make an arrest or by the failure to retain an arrested person in custody."