State Hospital is no liable where mandatory SVP screening failed

State Hospital is no liable where mandatory SVP screening failed

State Dept. of State Hospitals v. Super. Ct.

S215132

In 2007, Gilton Pitre was paroled from state prison. Before his release, the State Department of Mental Health (DMH) assessed whether he should be civilly committed under the Sexually Violent Predators Act (SVPA). (Welf. & Inst. Code, § 6600 et seq.) Ultimately, the Director of Mental Health did not request a petition for commitment and Pitre left prison. Four days later, he raped and murdered plaintiff Elaina Novoa’s 15-year-old sister, Alyssa Gomez.

Plaintiff sued DMH and two of its acting directors, claiming the death was caused by defendants’ failure to discharge mandatory duties imposed by the SVPA. The superior court overruled a demurrer. Defendants petitioned for a writ of mandate. The Court of Appeal issued an order to show cause, and concluded that while the SVPA imposed a mandatory duty on defendants, the alleged breach was not the proximate cause of Gomez’s death. We affirm.

http://www.courts.ca.gov/opinions/documents/S215132.PDF

Cal. Supremes affirm another death penalty case

The Cal. Supremes affirm another death penalty case

People v. Charles

S076337

http://www.courts.ca.gov/opinions/documents/S076337.PDF