Can a police department be held liable for failing to investigate properly?

California, United States of America


The following excerpt is from Faulkner v. City of Oceanside, D069443 (Cal. App. 2017):

A police department generally does not have a legal duty to investigate or prosecute any particular crime and, accordingly, courts have denied recovery for state law claims arising from a failure to investigate properly or to investigate at all. (Williams v. State of California (1983) 34 Cal.3d 18, 24-25.) Where, as here, a police department does conduct an investigation, Government Code section 821.6 states, "[a] public employee is not liable for injury caused by his instituting or prosecuting any judicial . . . proceeding within the scope of his employment, even if he acts maliciously and without probable cause." Consistent with this provision, law enforcement officers are entitled to immunity from civil liability for conduct directly connected with the judicial processes,

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including investigations that may lead to criminal proceedings, freeing them to investigate crimes and enforce the laws without harassment or interference. (White v. Towers (1951) 37 Cal.2d 727, 730 (White).) Government Code section 815.2, subdivision (b) extends the immunity to public entities. (Ibid. ["a public entity is not liable for an injury resulting from an act or omission of an employee of the public entity where the employee is immune from liability."].)

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