SB 881

Bill Subjects

Abstract

Existing law provides for the liability and immunity of a public entity or public employee for acts or omissions that cause injury to persons. Under existing law, a public entity is not liable for an injury proximately caused by any prisoner or an injury to any prisoner. "Prisoner" is defined for these purposes to include an inmate of the state prison, a county jail, or a penal or correctional facility. Existing law further provides that neither a public entity nor a public employee is liable for failure to provide a prison, jail, or penal or correctional facility or, if the facility is provided, for failure to provide sufficient equipment, personnel, or facilities therein. This bill would exempt from liability a public entity and its officers, employees, and agents acting within the course and scope of their employment or duties for a claim for injury arising out of an act or omission within the course and scope of employment, if the claimant, at the time the claim arises, is an inmate, ward, or prisoner at the state prison, a county jail, or any detention center, juvenile correctional center, adult or juvenile conservation camp, or other similar institution, or a parolee, regardless of when the claim is filed, unless the officer, employee, or agent acted with wanton and willful misconduct.