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Introduction

• Whom can I sue?
• What is the difference between a claim and a complaint?

If you want to recover damages for a personal injury that was caused by a California county or city jail official (that is, a correctional staff counselor, guard, medical person or other jail employee), you must bring an action against the local public entity and/or the local government employee(s). For example, if a sheriff’s deputy deliberately injured you using unwarranted force or caused you to be injured through his or her carelessness while you were in the custody of that county jail, you would bring an action against the county and/or sheriff that caused or was responsible for causing the injury, even though you have since been transferred to a state or federal prison.

This booklet provides information on how prisoners can bring a personal injury or “tort” claim action on their own, in propria persona (in pro per). Before you can file a personal injury lawsuit against a public entity in state court, you must first pursue a tort claim action. Even though tort claims brought by prisoners are often rejected, you must file a claim before you can get into court.

Representing yourself in a personal injury action is difficult, so finding a lawyer to handle your case is certainly preferable. However, locating a willing attorney will not be easy for most prisoners. Expect the local governmental entity you are suing to contest the action, which means the opposing attorney may file and serve you with various motions that you must respond to. Anticipate a burdensome exchange of paperwork. If you are pursuing this action while still incarcerated, serving legal papers on the opposing side can be a problem. None of this is intended to discourage you from seeking recovery for your injury, but to prepare you for the legal battle that lies ahead.

We emphasize that the scope of this booklet is only to address claims to be brought against a county and/or its jail officials. Most jails are run by a county sheriff, who answers to the authority of the local governmental body. A jail is distinguished from a state prison, which is under the power of the California Department of Corrections, a state governmental agency. If your injury was the result of the deliberate or negligent action of a state prison employee, you would sue the state prison officials responsible. Rather than filing a claim against the responsible county or county employee, you would present a formal claim to the State Board of Control. For further information on how you should proceed in that situation, we recommend that you read the Prison Law Office’s excellent memo on “Lawsuits for Money Damages against Prison Officials.” To receive a copy, write the Prison Law Office at General Delivery, San Quentin, CA 94964. A copy of the Board of Control claim is attached as Appendix F.

Whom can I sue?

Under California law, a city or county entity is statutorily immune from liability (that is, the entity cannot be sued) for most injuries to prisoners. These local public entities may be held liable only in limited circumstances. You can sue them only when your personal injury claim for money damages is based on:

1. Failure to summon medical care for a prisoner known to be in need of immediate medical care;
2. Injuries sustained by a prisoner participating in biomedical or behavioral research;
3. Injuries caused by a county jail employee’s negligent operation of a motor vehicle, such as in transporting a prisoner from one place of custody to another;
4. Injuries intentionally caused by a county jail employee (assault and battery) in the course of enforcing the law;
5. Damage suffered as a result of a breach of a contract;
6. Intentional and unjustifiable interference with the right to obtain judicial review of the legality of confinement when it has been first determined that the confinement was illegal;
7. Liability arising under the workers’ compensation law;
8. Claims for non-monetary relief.

What is the difference between a claim and a complaint?

A claim is the “assertion of a right to money or property”. (Barron’s Law Dictionary) A claim must include an allegation of an injury and a “prayer for damages”, which is essentially a request for some sort of compensation. Before you can bring a lawsuit, you must first present a written, formal claim to the board of the local governing body.

A complaint is the legal document you file with the court to formally begin a lawsuit. (See Appendix G). A complaint must include the facts that you think entitle you to some relief from the court.