Does Section 821.6 of the California Public Safety Code grant immunity to a prosecutor who is investigating an allegation of sexual assault against a minor?

California, United States of America


The following excerpt is from Lawrence v. Superior Court of San Mateo Cnty., 21 Cal.App.5th 513, 230 Cal.Rptr.3d 396 (Cal. App. 2018):

" Section 821.6 provides that [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 immunity provision is to be construed broadly so as to further its purpose to protect public employees in the performance of their prosecutorial duties from the threat of harassment through civil suits. [Citations.] For purposes of this immunity provision, investigations are deemed to be part of judicial and administrative proceedings." ( Strong v. State of California (2011) 201 Cal.App.4th 1439, 1461, 137 Cal.Rptr.3d 249 ( Strong ).)

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