Supreme court in Perez-Torres v. State of California rules against immunity for holding innocent prisoners.

On August 16, 2007, the California Supreme court ruled that state defendants and agency were not immune from suit after where state defendants conduct in keeping plaintiff in jail after they knew or should have known that he was the wrong man. The decision to hold the prisoner was outside the statutory immunity, making it subject to legal redress on the question of negligence by the state.  The message is where a jailor knows that the prisoner should not be in incarcerated, there is no immunity in continuing to hold that prisoner.

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