Can a public prosecutor be held liable in a civil action for malicious prosecution?

As we will explain, appellant's recovery on these state causes of action is precluded by the immunity provision in Government Code section 821.6: "A public employee is not liable for injury caused by his instituting or prosecuting any judicial or administrative proceeding within the scope of his employment, even if he acts maliciously and without probable cause." This section applies to police officers as well as public prosecutors since both are public employees within the meaning of the Government Code. ⁶ [186 Cal.App.3d 456] (Johnson v. City of Pacifica (1970) 4 Cal.App.3d 82, 85, 84 Cal.Rptr. 246.)

Appellant suggests that section 821.6 immunizes only conduct analogous to the tort of malicious prosecution. Although the section is principally used for suits for damages for malicious prosecution, however, it is not limited to that use. (Kayfetz v. State of California (1984) 156 Cal.App.3d 491, 497, 203 Cal.Rptr. 33 [libel suit concerning publication of disciplinary action against physician after institution of proceedings and before dismissal of the action]; Brown v. City of Los Angeles (1968) 267 Cal.App.2d 849, 850-851 [suit for damages from erroneous notice of zoning violations causing plaintiff to close business].)