Knox v. Cal. Dept. of Corrections and Rehabilitation
While appellant Jesus Knox was incarcerated in the Substance Abuse and Treatment Facility at the state prison in Corcoran, California, a nurse delivering medications to the inmates kicked appellant’s medication under the cell door. The event occurred on April 22, 2009. Nearly one year later, appellant submitted a letter and proposed tort claim[1] regarding the incident to the Victim Compensation and Government Claims Board (the Board), requesting leave to file a late claim against, among others, respondent California Department of Corrections and Rehabilitation. The Board rejected appellant’s claim as untimely but informed him that he could file a petition for relief in the superior court under Government Code section 946.6.[2] Appellant did so, arguing in his petition that relief from the six-month claim presentation requirement should be granted because during the relevant time period he was ignorant of the law and mentally and physically incapacitated. The trial court found that appellant did not adequately establish the asserted grounds for relief under section 946.6 and the petition was accordingly denied. A subsequent motion for reconsideration was likewise denied. Appellant’s appeal followed. We conclude the trial court did not abuse its discretion in denying relief and we accordingly affirm.
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