Thomas v. Harris
Plaintiff and appellant Keith Thomas argues the trial court was wrong to sustain defendant Attorney General Kamala Harris’s demurrer to his complaint without leave to amend. Thomas seeks to impose civil liability upon the Attorney General because, according to his allegations, an incorrect jury instruction was used when he was successfully prosecuted for battery committed by gassing under Penal Code section 243.9. As the Attorney General, or any public employee involved in prosecuting the charge against Thomas, was statutorily immune from civil liability for acts undertaken in the course of a judicial proceeding, the trial court was correct. Moreover, since any judgment in favor of Thomas would necessarily imply the invalidity of his conviction for battery by gassing, his complaint must be dismissed. There is no possibility that Thomas could cure the defect in his complaint by amendment. We affirm.
Comments on Thomas v. Harris