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Governmental immunity available for malicious prosecutions but not for investigations

July 2023 employment law letter
Authors: 
Jennifer O’Sullivan, Duane Morris LLP

The California Supreme Court held that a provision of the Government Claims Act protects public entities and their employees from liability for wrongful prosecutions or administrative proceedings but doesn’t immunize them from claims for injuries resulting from other wrongful or negligent actions they may take in the course of their duties, such as investigating crimes. The California Supreme Court reversed the court of appeal’s judgment dismissing the county in a case where the county was sued for negligent infliction of emotional distress for the careless handling of a shooting victim’s body.

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