Fearon v. Department of Corrections

Opinion

THE COURT. *

Clifford D. Fearon appeals from a judgment on the pleadings dismissing his complaint for conversion of a silver belt buckle based upon the governmental immunity provisions of Government Code section 844.6. Fearon argues on appeal that he was not a “prisoner” within the terms of section 844.6 at the time the conversion took place and is not, therefore, barred from bringing this action.

When reviewing judgments entered on the pleadings, a court indulges every reasonable presumption in favor of appellant’s claim. (Crain v. Electronic Memories & Magnetics Corp. (1975) 50…