CARLOS ESCAMILLA v. CALIFORNIA DEPARTMENT OF CORRECTIONS AND REH. Part I
Purported petition for writ of habeas corpus by prisoner seeking to recover personal property not returned to him or value thereof is properly treated as a petition for writ of mandate and is thus not an action for money damages, which would be subject to the immunity provisions of Government Code Sec. 905.2. Inmate's sworn declaration specifying items of property that were taken from him when he was sent to security housing unit, and stating that such items were taken from him by corrections officers and not returned, and that he had exhausted internal appeals process to obtain return of the items or the value thereof constituted substantial evidence supporting trial court's order that Department of Corrections pay petitioner the stated value of the items.
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