THOMPSON V. COUNTY OF ALAMEDA 614 P.2d 728 (1980) CASE BRIEF

THOMPSON V. COUNTY OF ALAMEDA

614 P.2d 728 (1980)

NATURE OF THE CASE: This was a wrongful death action. Thompson (P), parents, appealed a decision which granted the general demurrer of County (D) in Ps' claims for damages due to the murder of their son. The issues were whether any action or inaction by D in releasing a known dangerous juvenile offender on temporary release had led to the death of Ps'' son and whether D was protected by immunity.

FACTS: James F. was a juvenile offender with latent extremely dangerous and violent propensities regarding young children. The County who kept James F. in custody knew of these dangerous propensities but nonetheless released James on a temporary leave to his mother's custody despite James' announced intentions to kill a child of let out. Ps, husband and wife, and their minor son lived in the City of Piedmont, a few doors from the residence of the mother of James. No one in the local community was alerted of James' presence and within 24 hours, he killed a 5-year-old boy. Thomspon (P), the parents, sued the County (D) claiming that the death was caused by D's 'reckless, wanton and grossly negligent' actions in releasing James into the community; failing to advise and/or warn James' mother, the local police, or 'parents of young children within the immediate vicinity' of the residence of James' mother; failing to exercise due care in maintaining custody and control over James through his mother in her capacity as County's agent; and failing to exercise reasonable care in selecting James' mother to serve as Ds agent in maintaining custody and control over James. D demurred contending that Government Code granted D immunity. The trial court sustained D's demurrer. P appealed.

ISSUE:

RULE OF LAW:

HOLDING AND DECISION:

LEGAL ANALYSIS:

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