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California Law (Last Updated: March 4, 2014) |
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Government Code - GOV |
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Title 1. GENERAL |
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Division 3.6. CLAIMS AND ACTIONS AGAINST PUBLIC ENTITIES AND PUBLIC EMPLOYEES |
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Part 2. LIABILITY OF PUBLIC ENTITIES AND PUBLIC EMPLOYEES |
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Chapter 5. Medical, Hospital and Public Health Activities |
Section 856.2.
Latest version.
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(a) Neither a public entity nor a public employee is liable for:
(1) An injury caused by an escaping or escaped person who has been confined for mental illness or addiction.
(2) An injury to, or the wrongful death of, an escaping or escaped person who has been confined for mental illness or addiction.
(b) Nothing in this section exonerates a public employee from liability:
(1) If he acted or failed to act because of actual fraud, corruption, or actual malice.
(2) For injuries inflicted as a result of his own negligent or wrongful act or omission on an escaping or escaped mental patient in recapturing him.
(Amended by Stats. 1970, Ch. 1099.)