Can a prison officer be held liable for injuries sustained by a prisoner as a result of negligence?
California, United States of America
The following excerpt is from Herrera v. Cnty. of L.A., B229903 (Cal. App. 2012):
2. While public entities are granted immunity from liability for an injury to a prisoner ( 844.6, subd. (a)), public employees are not insulated from liability for prisoner injuries. (Id., subd. (d).) Section 844.6, subdivision (d), expressly provides: "Nothing in this section exonerates a public employee from liability for injury proximately caused by his [or her] negligent or wrongful act or omission." As the court explained in Hughes v. County of San Diego (1973) 35 Cal.App.3d 349, 352, "[t]he statute allows prisoners to sue the individual prison officials for their injuries, but prevents suit against the public entity. . . . Because he will be personally responsible for any liability he incurs, the individual prison official may be more cautious in performing his duties. This extra caution might reduce the number of prisoner injuries resulting from official misfeasance."
3. In addition, Herrera added federal and state constitutional claims not here relevant.
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