Durio v. Cal. Dept. of Corrections
Christopher Durio's (Christopher) daughter, Shalay Durio (Shalay),[1] filed a second amended complaint containing claims for wrongful death, negligence, and battery against the California Department of Corrections and Rehabilitation (the Department). In the second amended complaint, Shalay alleged that in June 2010, the Department's correctional officers attempted to end an altercation between Christopher and a cellmate by negligently spraying pepper spray in Christopher's face. Shalay further alleged that immediately following the incident, the Department's officers knew or had reason to know that Christopher was in need of immediate medical care, that they failed to summon such care, and that Christopher died as a result. Shalay claimed that the Department was liable for failing to summon medical care pursuant to Government Code section 845.6.[2]
The Department filed a motion for summary judgment in which it maintained that undisputed evidence established that it was immune from all of Shalay's claims as a matter of law. The trial court granted the Department's motion and entered judgment in its favor. Shalay appeals, claiming that the trial court erred in granting summary judgment. We affirm.
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