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SWIFT v. DEPARTMENT OF CORRECTIONS

No. D041404

11 Cal.Rptr.3d 406 (2004)

116 Cal.App.4th 1365

Michael L. SWIFT, Plaintiff and Appellant, v. DEPARTMENT OF CORRECTIONS, Defendant and Respondent.

Court of Appeals of California, Fourth District, Division 1

March 23, 2004

Attorney(s) appearing for the Case

Jack H. Swift, Chula Vista, for Plaintiff and Appellant.

Bill Lockyer, Attorney General, Andrea Lynn Hoch, Chief Assistant Attorney General, James M. Shciavenza, Assistant Attorney General, Kristin G. Hogue and Michael P. Cayaban, Deputy Attorneys General, for Defendant and Respondent.

AARON, J.

I.

INTRODUCTION

Plaintiff Michael L. Swift appeals the dismissal of his action after the trial court sustained, without leave to amend, the Department of Corrections's (Department) demurrer to Swift's complaint. Swift brought a five-count complaint against the Department in connection with his imprisonment for an alleged parole violation. The trial court concluded that the Department is immune from Swift's action pursuant to Government...

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