Legal Opinion
Swift v. Department of Corrections
California Court of Appeal
Decided March 23, 2004No. D041404PublishedCited by 4 opinions
1Opinion of the Court
Opinion
AARON, J.
I
INTRODUCTION
Plaintiff Michael L. Swift appeals the dismissal of his action after the trial court sustained, without leave to amend, the Department of Corrections’ (Department) demurrer to Swift’s complaint. Swift brought a five-count complaint against the Department in connection with his imprisonment for an alleged parole violation. The trial court concluded that the Department is immune from Swift’s action pursuant to Government Code section 845.8, 1 which provides public entities immunity from injuries resulting from “determining whether to revoke . . . parole . . . .” We…
2Cases cited7 opinions
- Martinez v. CaliforniaSupreme Court of the United States · 1980
- Blank v. KirwanCalifornia Supreme Court · 1985
- Sullivan v. County of Los AngelesCalifornia Supreme Court · 1974
- Whitcombe v. County of YoloCalifornia Court of Appeal · 1977
- Martinez v. State of CaliforniaCalifornia Court of Appeal · 1978
2 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Michael T. Swift v. State of California Department of Corrections Keith Tandy, and Steve Christian Maritza RodriguezCourt of Appeals for the Ninth Circuit · 2004
- Perez-Torres v. StateCalifornia Supreme Court · 2007
- Torres v. Department of Corrections & RehabilitationCalifornia Court of Appeal · 2013
- People v. HunterCalifornia Court of Appeal · 2006