Schrubb v. Jager CA1/3
Plaintiff Kevin R. Schrubb is a prisoner who sued various employees of the California Department of Corrections and Rehabilitation (CDCR) for allegedly interfering with his right to file a timely habeas corpus petition challenging the legality of his confinement. On appeal from a judgment of dismissal, Schrubb contends the trial court erred in sustaining the defendants’ demurrer without leave to amend.
Because there has been no determination that Schrubb’s confinement is illegal, his complaint is barred by Government Code section 845.4. Further, he is collaterally estopped from pursuing his interference claim, which has already been rejected by a federal court that addressed whether the delay in filing Schrubb’s habeas petition was caused by extraordinary circumstances beyond Schrubb’s control. Accordingly, we shall affirm the judgment of dismissal.
Comments on Schrubb v. Jager CA1/3