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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