Legal Opinion
Giraldo v. Department of Corrections & Rehabilitation
California Court of Appeal
Decided November 14, 2008No. A119046PublishedCited by 98 opinions
1Opinion of the Court
Opinion
RICHMAN, J.
Plaintiff’s appeal presents two questions never before decided in California: (1) whether the relationship between jailer and prisoner is a special relationship giving rise to a duty of care to the prisoner; and (2) whether there is a private right of action for damages for violation of the cruel or unusual punishment clause of the state Constitution, article I, section 17. We answer yes to the first question, no to the second.
Plaintiff Alexis Giraldo, describing herself as a male-to-female transgender person, was an inmate in the California prison system. Plaintiff filed an…
2Cases cited49 opinions
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- Tarasoff v. Regents of University of CaliforniaCalifornia Supreme Court · 1976
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3Cited by98 opinions
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