Teter v. City of Newport Beach 3/25/02 CA4/3

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State: California

Court: 1st District Court of Appeal 1st District Court of Appeal

Docket No: G025239

Case Date: 06/13/2002

Preview:Filed 3/25/02

NOT TO BE PUBLISHED
California Rules of Court, rule 977(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 977(b). This opinion has not been certified for publication or ordered published for purposes of rule 977.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA FOURTH APPELLATE DISTRICT DIVISION THREE CRAIG TETER, Plaintiff and Respondent, v. CITY OF NEWPORT BEACH, Defendant and Appellant. G025239 (Super. Ct. No. 786037) OPINION

Appeal from a judgment of the Superior Court of Orange County, John M. Watson, Judge. Affirmed. Glen E. Tucker for Defendant and Appellant. Michael R. Cully & Associates, Michael R. Cully; Jean Ballantine for Plaintiff and Respondent. * * *

Respondent Craig Teter sued appellant City of Newport Beach (the City) for negligence, seeking damages for injuries received while he was detained in the City's jail. A jury returned a verdict in Teter's favor after determining the City's negligence was a cause of his injuries. The City appeals the verdict, challenging the trial court's pretrial determination the City was not immune from Teter's claims. The City argues both Government Code section 844.6, subdivision (a)(2) (immunity for injury to a prisoner) and section 820.2 (discretionary act immunity) preclude Teter's claims. Teter argues he was not a "prisoner" within the meaning of section 844.6, subdivision (a)(2), and the acts that led to his injuries were not "discretionary." We agree and therefore affirm. I FACTS Teter was arrested on the evening of June 8, 1997, at approximately 8:00 p.m. for violating Penal Code section 647, subdivision (f).1 (All subsequent references are to the Penal Code unless otherwise noted.) He was transported to the City's jail, processed and placed in a cell to "sleep it off." The City's policy required that anyone arrested for violating section 647, subdivision (f) be released pursuant to section 849, subdivision (b)(2) and section 851.6 if the individual met certain criteria: 1) he or she had not been arrested for public intoxication three times in the prior year; 2) he or she had not been combative during the arrest and the incident did not involve combative behavior; and 3) he or she is not

1

In relevant part, this section states it is a misdemeanor to be "found in any public place under the influence of intoxicating liquor . . . in such a condition that he or she is unable to exercise care for his or her own safety or the safety of others, or by reason of his or her being under the influence of intoxicating liquor . . . interferes with or obstructs or prevents the free use of any street, sidewalk, or other public way." (Pen. Code,

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