In Giraldo v. CDCR, published today, the First District Court of Appeal ruled that the relationship between a "jailer" and the jailer's prisoner is a "special relationship" (one where the plaintiff is particularly vulnerable and dependent on the defendant, who has some control over the plaintiff's welfare); and that the jailer therefore owes a duty of care to the prisoner, the violation of which can give rise to negligence.
The court issued an "express caveat" that "[w]ho comes within the category of jailer is not before us," and that "such issues are left for another day." The court further noted that while the plaintiff sued both individual and institutional defendants, the plaintiff contended only that the individual defendants owed the plaintiff a special relationship. The opinion therefore should not be taken as contradicting the general rule (expressed by the California Supreme Court) that only individuals -- not public entities -- can stand in a special relationship.
In the same opinion, the court ruled that article I, section 17 of the California Constitution (the prohibition against cruel and unusual punishment) does not create a cause of action for damages.