Teter v. City of Newport Beach

Opinion

BROWN, J.

Plaintiff was arrested and jailed for public intoxication (Pen. Code,1 § 647, subd. (f); hereafter section 647(f)),2 but was later released without charges (§ 849, subd. (b)(2); hereafter section 849(b)(2)).3 While he was in jail, defendant was badly beaten by another prisoner and he sued the City of Newport Beach (the City) for negligence. The City claims immunity under Government Code section 844.6, subdivision (a)(2) (hereafter Government Code section 844.6(a)(2)). Government Code section 844.6(a)(2), subject to stated exceptions, provides that a public entity is not liable…