Does section 845.3 of the California Fire Protection Act, section 850.4, grant absolute immunity to a police officer for failing to provide adequate fire protection services?

California, United States of America


The following excerpt is from Goff v. Cnty. of L.A., B229685, B229765, B231482, B240035 (Cal. App. 2013):

3. Because we agree with the trial court that the fire protection statutessections 850 and 850.2, and primarily section 850.4provide absolute immunity, we need not address the effect of section 845. In any event, we find distinguishable the case cited by appellants, Mann v. State of California (1977) 70 Cal.App.3d 773. There, the court held that a police officer's conduct in leaving two stalled cars and their occupants stranded by the side of the road, without protective flares, was not a failure to provide any or to provide sufficient police protection services. (Id. at p. 778.) While that conclusion could call into question the application of section 850 (failure to provide fire protection) or section 850.2 (failure to provide sufficient fire protection) here, it has no bearing on the immunity provided by section 850.4 for "injury caused in fighting fires."

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