Two licensed vocational nurses can’t sue the California Department of Corrections and Rehabilitation for sexual harassment by inmates because their suit is barred by statutory immunity.

The California Court of Appeals rejected Jennifer Bitner’s and Evelina Herrera’s contention that claims under California’s Fair Employment and Housing Act should be exempt from the reach of Government Code §844.6, which generally immunizes public entities from liability to injuries proximately caused by a prisoner.

That would read an exception into Section 844.6 that doesn’t exist, the court said in the novel, unpublished ruling.

Section 844.6 expressly includes a limited list of exceptions, and ...

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