What is the test for a claim under section 815.6 of the California Tort Claims Act?

MultiRegion, United States of America

The following excerpt is from Phillips v. Cnty. of Fresno, 1:13-cv-0538 AWI BAM (E.D. Cal. 2013):

Based on the plain language of section 815.6, a claim under that statute has three elements; (1) an enactment poses a mandatory duty which was violated, (2) the enactment was intended to protect against the type of harm suffered, and (3) the breach of the duty imposed by the enactment was a proximate cause of the injury suffered. Janis v. California State Lottery Com., 68 Cal.App.4th 824 (2nd Dist. 1998). The enactment upon which Plaintiffs place primary reliance is California Government Code 845.6 which, as previously discussed requires that governmental immunity under the California Tort Claims Act does not apply in cases where an inmate is "in immediate need of medical care" and none is provided. Id. The particulars of what level of medical care must be provided with respect to mental health care is set forth at 15 California Code of Regulations 1209. Pursuant to 1209(a), the regulation provides that a jail facility must have policies and procedures to provide "(1) screening for mental health problems; (2) crisis intervention and management of acute psychiatric episodes; (3) stabilization and treatment of mental disorders; and, (4) medication support services." Id.

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