Opinion

Teter v. City of Newport Beach

  • 133 Cal. Rptr. 2d 139
  • 30 Cal. 4th 446
  • 2003 Daily Journal DAR 4489
  • 66 P.3d 1225
  • 2003 Cal. LEXIS 2639
Court
California Supreme Court
Filed
Apr 28, 2003
Status
Published
Author
Kennard
On the bench
Brown, Kennard
Cited by
16 cases
Authority
More cited than 11.3%

holding that municipalities are immune from suit based on injuries done to 21 prisoners except for explicitly enumerated exceptions such as § 845.6

How later courts described this case

  • holding that municipalities are immune from suit based on injuries done to 21 prisoners except for explicitly enumerated exceptions such as § 845.6

Written by the judges who cited it.

The opinion

KENNARD, J.

I concur generally in the majority opinion. There is, however, one aspect with which I disagree: Unlike the majority, I would not reach out to disapprove the Court of Appeal’s decision in Meyer v. City of Oakland (1980) 107 Cal.App.3d 770 [ 166 Cal.Rptr. 79 ]. (See maj. opn., ante, at pp. 452-453.) As the majority acknowledges, this case is readily distinguishable from Meyer. (Id., at p. 452.) That distinction renders it *457 unnecessary to resolve the difficult question of whether Meyer was correctly decided, an issue I would leave for another day when it is squarely presented.

Werdegar, J., and Moreno, J., concurred.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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