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California Recognizes “Special Relationship” Between Jailer and Prisoner
Loaded on July 15, 2011
by Michael Brodheim
By Michael Brodheim
Filed under:
Sexual Assault,
Prisoner-Prisoner Assault,
Failure to Protect (General),
Failure to Protect (Transgender).
Location:
California.
A California Court of Appeal has held that there is a "special relationship" between jailer and prisoner, which gives rise to a duty of care to protect the prisoner from foreseeable harm and thus can support a state-law negligence claim. In so holding, California joins a virtually …
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More from Michael Brodheim:
- California: Prisoner Not Entitled to Points Reduction in Classification Score Unless Actually Participating in Programs, Aug. 24, 2016
- CDCR Adopts New Contraband Rules on Obscene, Gang-related Materials, July 7, 2015
- Arizona Department of Corrections Adopts Same-Sex Marriage Policy, July 7, 2015
- California Prison Officials Ordered to Provide Qualified Sign Language Interpreters for All Deaf Prisoners, July 7, 2015
- Plata Court Authorizes Force-Feeding of Hunger-Striking California Prisoners, July 2, 2015
- June, 2013 Proves To Be Deadly Month for California Prisoners, June 12, 2015
- California: Commission Recommends Reforms for Jail Overcrowding, Sentencing, June 12, 2015
- Nevada Jail Charges Prisoners for Meals, Medical Care to Defray Costs, June 3, 2015
- Pennsylvania Jail Guard Who Assaulted Prisoner Gets Home Confinement, Probation, June 3, 2015
- California Pays $585,000 to Settle Suit by Prisoner Who Lost Eye Due to Poor Medical Care, May 6, 2015
More from these topics:
- L.A. County Begins Making Nearly $5 Billion in Payouts to Survivors of Sex Abuse in Juvenile Detention, Sept. 1, 2026. Sexual Assault, Staff-Prisoner Assault, Prisoner-Prisoner Assault, Guard Misconduct, Jail Misconduct, Settlements, Juvenile Offenses/Offenders.
- What 911 Calls Reveal About Jail Operations, Sept. 1, 2026. Systemic Medical Neglect, Statistics/Trends, Failure to Protect (General), Staffing, Staff Training.
- New Connecticut Law Changes PREA Standards, Sept. 1, 2026. Staff-Prisoner Assault, Failure to Protect (General), Administrative Exhaustion, Prison Rape Elimination Act, State Legislation.
- New York Ordered to Pay Prisoner $25,000 for Failing to Protect Him from Attack, Aug. 1, 2026. Failure to Protect (General), Defenses, Damages - Compensatory, Negligence/Reckless Endangerment, Deliberate Indifference.
- GAO Report Finds Rampant Sexual Abuse in Federal Prisons, Most Cases Unresolved, Aug. 1, 2026. Staff-Prisoner Assault, Prisoner-Prisoner Assault, DOC/BOP misconduct, Corrections Audits, Prison Rape Elimination Act.
- Federal Court Issues Preliminary Injunction Barring Enforcement of Executive Order to Transfer Trans Women Prisoners to Men’s Prisons, Aug. 1, 2026. Transfers, Injunctions, Discrimination (Transgender), Failure to Protect (Transgender).
- Oklahoma County Jail Fails 12th Health Inspection, Aug. 1, 2026. Corrections Audits, Failure to Protect (General), Staffing, Sanitation, Bedding.
- Report Shows Pattern of Sexual Assaults in Santa Clara County Jail, Aug. 1, 2026. Staff-Prisoner Assault, Guard Misconduct, Jail Misconduct, Corrections Audits, Failure to Protect (General).
- $30,000 Settlement Reached in Virginia Jail Death That Put Richmond Lockup Under State Oversight, Aug. 1, 2026. Jail Misconduct, Failure to Protect (General), Staffing, 42 U.S. Code § 1983, civil action for deprivation of rights, Monell Liability.
- Trump is Making Federal Prisons More Dangerous for Transgender Prisoners, Aug. 1, 2026. Prison Rape Elimination Act, Involuntary Treatment/Drugging, Transgender Medical Procedures, Discrimination (Transgender), Failure to Protect (Transgender).

