The Regents Of The University Of California v. The Superior Court Of Los Angeles County

4 Cal. 5th 607 (2018)

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Nature of the Case

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Facts

Damon Thompson transferred to UCLA. He immediately began experiencing problems with other students in both classroom and residence hall settings. It was obvious to students and to his professors that Thompson was mentally troubled. Thompson alleged a female resident had repeatedly made “unwelcomed verbal sexual advances” toward him, and others had spread rumors and “accusations of a sexual nature about him … throughout the entire student body.” He claimed the residents frequently disrupted his sleep, called him “‘stupid,’” and eavesdropped on his phone calls. Not only had he been “made the ‘target’” of the residents' “teasing,” but he also “received an immense amount of unwanted attention” around campus. Thompson warned that if the university failed to discipline the responsible parties, the matter would likely “escalate into a more serious situation,” and he would “end up acting in a manner that will incur undesirable consequences.” A week later, D moved Thompson to a new dormitory. Thompson acted oddly and frequently talked to himself. Some of the faculty thought he was displaying signs of schizophrenia and should be referred to the university's counseling and psychological services. They urged him to use these services, but Thompson denied “‘hearing things’” or “‘making this up.’” Thompson told resident director Janelle Rahyns there were “voices coming through the walls calling him an idiot.” He heard a clicking noise above his room that sounded like a gun, and he believed the other residents were planning to shoot him. Thompson told Rahyns he had telephoned his father and was advised to “hurt the other residents.” While admitting he had “thought about it,” Thompson said he decided not to hurt anyone. Campus police searched the premises but found no weapon. They concluded Thompson needed a psychiatric evaluation and escorted him to the emergency room for that purpose. During the examination, Thompson reported a history of depression and complained of auditory hallucinations and paranoid thinking. For several months, he had heard people talking about him and insulting him, even when “‘there's no one there.’” Thompson agreed to take a low-dose antipsychotic medication and begin outpatient treatment at CAPS. The Response Team began discussing Thompson at its weekly meetings. In March 2009, Thompson began sessions with CAPS psychologist Nicole Green. Rahyns notified CAPS that Thompson was “still having trouble” in the dormitory. The Response Team decided to move him to a single room and explore possibilities for transitioning him into different housing. At a session with CAPS psychiatrist Charles McDaniel, Thompson admitted thinking about harming others, although he had no identified victim or plan. He heard numerous distinct voices in his dormitory and classrooms. He wanted to harm the people insulting him but could not attribute the voices to specific individuals. McDaniel strongly urged Thompson to submit to voluntary hospitalization. He refused but agreed to take medication. While CAPS staff agreed Thompson did not meet the criteria for an involuntary hold, McDaniel recommended involuntary hospitalization if his thoughts of harming others worsened. Thompson withdrew from treatment in late April. Thompson assaulted a resident for making too much noise. He was expelled from university housing and ordered to return to CAPS at the beginning of fall quarter. After he moved to an apartment, Thompson twice called the police to complain neighbors were yelling at him through the floor. Thompson continued to experience auditory hallucinations in the classroom. He denied an intent to harm anyone, including those criticizing him. Thompson’s behavior began to escalate.

Around noon on October 8th, Thompson was doing classwork in Professor Bacher's chemistry laboratory. Suddenly, without warning or provocation, he stabbed fellow student Katherine Rosen in the chest and neck with a kitchen knife. Rosen had been kneeling, placing items in her lab drawer, when Thompson attacked her from behind. She was taken to the hospital with life-threatening injuries but ultimately survived. When campus police arrived, Thompson admitted he had stabbed someone and explained that the other students had been teasing him. Thompson pleaded not guilty by reason of insanity to a charge of attempted murder. He was admitted to Patton State Hospital and diagnosed with paranoid schizophrenia. Rosen (P) sued Ds. P alleged UCLA had a special relationship with her as an enrolled student, which entailed a duty “to take reasonable protective measures to ensure her safety against violent attacks and otherwise protect and warn her about reasonably foreseeable criminal conduct. P also claimed UCLA assumed a duty of care by undertaking to provide campus-wide security. D moved for summary judgment: (1) colleges have no duty to protect their adult students from criminal acts; (2) if a duty does exist, UCLA did not breach it in this case; and (3) UCLA and Green were immune from liability under certain Government Code provisions. The court denied the motion. D filed a petition for a writ of mandate. The Court of Appeal granted the petition. UCLA owed no duty to protect P based on her status as a student or business invitee, or based on the negligent undertaking doctrine. This appeal resulted.