Add Gadget to Your Webpage

Google gadget dictionary lookup
Add Gadget to Your Webpage

Read more...

California Law: No state law immunity for false claim brought pursuant to Cal. Gov. Code § 815.6

The Case: Sullivan v. County of L.A., 12 Cal.3d 710 (1974)

Held:   Neither "the immunity afforded by California Government Code § 821.6, nor that provided by any other state governmental immunity provision, applies to a false imprisonment claim brought pursuant to California Government Code § 815.6."

The Reasoning:  "California law is also clear that qualified immunity does not apply to state civil rights claims. See id. at 753 (holding that "qualified immunity of the kind applied to actions brought under 42[U.S.C. § ] 1983 does not apply to actions brought under [the Bane Act]"). In other words, qualified immunity is a doctrine of federal common law and, as such, has no application to Cousins' state claims, which are subject only to state statutory immunities. See Asgari, 63 Cal.Rptr.2d 842, 937 P.2d at 280 (noting that "[g]overnmental immunity for claims of violation of civil rights under section 1983 is not conferred expressly by statute, but is based upon a judicial gloss on section 1983," whereas "governmental immunity under California law is governed by statute")."Ogborn v. City of Lancaster, 101 Cal.App.4th 448, 124 Cal.Rptr.2d 238, 246 (2002))

Read more...