Garcia v. Superior Court

Opinion

PANELLI, J.

Napoleon Johnson, Jr., a convicted murderer on parole, kidnapped and killed Grace Morales. Plaintiffs, the victim’s children, have sued the State of California (State) and Johnson’s parole officer for wrongful death and violation of the Civil Rights Act of 1871. (42 U.S.C. § 1983.) In their first amended complaint, plaintiffs alleged that the parole officer, Michael Ybarra, knew that Johnson had threatened to kill Morales but nevertheless told her that the parolee would “not come looking” for her. The superior court sustained demurrers by Ybarra and the State without leave *732to…