Can a state employee be held liable for failing to register a sex offender?

California, United States of America


The following excerpt is from Williams v. State of California, 133 Cal.Rptr. 539, 62 Cal.App.3d 960 (Cal. App. 1976):

In Bradford v. State of California, 36 Cal.App.3d 16, 111 Cal.Rptr. 852, the plaintiff was convicted of a sex offense requiring registration as a sex offender. He was placed on probation and, on his fulfillment of the conditions of probation, the proceedings were dismissed pursuant to the provisions of the Penal Code. This dismissal relieved him of all penalties and disabilities including the duty to register as a sex offender. Provisions of the Penal Code also required that state employees make appropriate record of the dismissal. The plaintiff alleged that the entries were not made; that he was arrested for failure to register, booked, fingerprinted, required to obtain fail, and obliged to hire an attorney to obtain a dismissal of the charge. The complaint was held to state a cause of action for damages regardless of whether the employee failing to make the entry would be immune from liability. (At p. 21, 111 Cal.Rptr. 852.) The reviewing court observed that the statutory requirement of the entry of dismissal was designed to prevent the very type of harm which plaintiff alleged. (At p. 21, 111 Cal.Rptr. 852.)

Other Questions


Can an employer be held liable for failing to prevent an employee from committing acts of sexual assault on another employee? (California, United States of America)
What is the test for revocation of probation for a defendant who failed to register as a registered offender? (California, United States of America)
What is the appropriate sentence for a convicted sex offender who failed to register as a sex offender? (California, United States of America)
What is the test for a sex offender's failure to register as a registered sex offender? (California, United States of America)
Is there an ex post facto violation in a new sex offender crime imposed on an offender who failed to register? (California, United States of America)
Is there an ex post facto violation in a new sex offender crime imposed on an offender who failed to register? (California, United States of America)
Is a search warrant application misleading when it fails to state that a firearm is registered, registered and stored away from the reach of children? (California, United States of America)
Does our decision not to grant a state official immunity from liability in a medical malpractice case affect the immunity granted to a state employee? (California, United States of America)
Can a public entity or public employee be held liable for failing to post a warning sign? (California, United States of America)
When a judgment is insufficient to provide residual proceeds to an employee's attorney, does the employee have to pay fees to the employee's lawyer? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.