Laws

Appellant former prisoner sought review of the decision of the Superior Court of Solano County (California), which entered a judgment on the pleadings in favor of respondent, California Department of Corrections, and dismissed appellant's complaint for conversion and negligent loss of property.

Respondent, California Department of Corrections, for safekeeping until his release took appellant former prisoner's property when he entered prison. When appellant was released on parole he demanded his property and was told that it was lost. Appellant filed an action for conversion and negligent loss of his property. What Is a Deposition? in the law of the United States. The trial court entered judgment on the pleadings in favor of respondent and dismissed appellant's action based upon the governmental immunity in Cal. Gov't Code § 844. The court affirmed the dismissal of the negligence cause of action because appellant's loss took place while he was a prisoner and was barred by the terms of § 844, the immunity statute. The court held that appellant, as a parolee on his way out of prison, was not a prisoner and was not barred from bringing a tort action against respondent. The court held that appellant's pleading on the conversion cause of action sufficiently alleged a claim for conversion, which occurred while he was on parole. The court held that the conversion cause of action should not have been dismissed and reversed.

The court affirmed the dismissal of appellant former prisoner's negligence cause of action brought against respondent, California Department of Corrections, because the government immunity statute barred it. The court reversed the dismissal of appellant's cause of action for conversion of property because the immunity statute did not apply when he was not a prisoner.