Johnson v. Diaz CA4/13
Anthony L. Johnson, a self-represented inmate in the custody of the California Department of Corrections and Rehabilitation (CDCR), appeals from a judgment entered after the trial court sustained a demurrer without leave to amend. As explained below, defendant Ralph Diaz, the Secretary of CDCR, is immune from liability for the injuries suffered by Johnson during an assault by another inmate. (See Gov. Code, §§ 820.2, 820.8, 844.6, subd. (a).) As a result of this immunity, the demurrer was properly sustained without leave to amend and we need not address whether Johnson properly complied with the claim presentation requirements of the Government Claims Act. (§ 810 et seq.)
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