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PEREZ-TORRES v. STATE

No. S137346.

64 Cal.Rptr.3d 155 (2007)

42 Cal.4th 136

164 P.3d 583

Lenin Freud PEREZ-TORRES, Plaintiff and Appellant, v. STATE of California et al., Defendants and Respondents.

Supreme Court of California.

August 16, 2007.

Attorney(s) appearing for the Case

Robert Mann and Donald W. Cook, for Plaintiff and Appellant.

Law Offices of John Burton and John Burton, Pasadena, for LA Police Watch as Amicus Curiae on behalf of Plaintiff and Appellant.

Bill Lockyer and Edmund G. Brown; Jr., Attorneys General, Manuel M. Medeiros, State Solicitor General, James M. Humes, Chief Assistant Attorney General, James M. Schiavenza, Assistant Attorney General, Marsha S. Miller and Paul C. Epstein, Deputy Attorneys General, for Defendants and Respondents.

KENNARD, J.

Mistakenly believing that plaintiff, who was not on parole, had violated his parole, state parole agents arrested and jailed him. After the error was discovered and 25 days after his arrest, plaintiff was released. As relevant here, plaintiff sued the State of California and three of its parole agents for, among other things, negligence and false imprisonment. Defendants invoked Government Code section 845.8, subdivision (a) (§ 845.8(a)),

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