California Supreme Court Limits Governmental Immunity Statute That California Courts of Appeal Had Read More Broadly

The California Supreme Court recently rejected the Court of Appeal’s broad reading of Government Code section 821.6, which shields public employees acting within the scope of their employment from liability for “instituting or prosecuting any judicial or administrative proceeding” even if the action is “malicious and without probable cause.” The purpose of the statute is to protect public officials from malicious prosecution actions, but the plain language is broad enough to cover other types of tortious conduct.

2024-06-25T09:39:52-07:00July 5th, 2023|
Go to Top