Towery v. State of CaliforniaAnnotate this Case
Plaintiff filed suit alleging claims for damages against various defendants arising from his contraction of coccidioidomycosis (commonly known as valley fever) while incarcerated in the Kern Valley State Prison. The Court of Appeal affirmed the trial court's grant of summary judgment on the pleadings against plaintiff on his Bane Act cause of action based on the ground that the State was immune from liability under Government Code section 844.6. The court held that the Bane Act did not create any exception to section 844.6, where a public entity is not liable for an injury to any prisoner. Regardless of the merits of plaintiff's claim, he may not assert it against the state.