Does a city official charged with administering a nuisance abatement program have immunity from prosecution if they bar a contractor from entering into the contract?

California, United States of America


The following excerpt is from FTR Int'l, Inc. v. Bd. of Trs. of the L. A. Cmty. Coll. Dist., B242220 (Cal. App. 2015):

21. Moreover, we find no meaningful distinction between this case and Ogborn v. City of Lancaster (2002) 101 Cal.App.4th 448. There, the court held that a public official charged with administering a city's nuisance abatement program was entitled to immunity after "making the discretionary policy decision to declare [a property] a nuisance." (Id. at p. 461.) Debarring a contractor is no less a policy decision than declaring that a nuisance exists.

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