How has the court treated a claim of immunity from prosecution by a public employee in civil litigation?

California, United States of America


The following excerpt is from Scott v. County of Los Angeles, 27 Cal.App.4th 125, 32 Cal.Rptr.2d 643 (Cal. App. 1994):

The court thereafter noted, in McCorkle v. City of Los Angeles, supra, 70 Cal.2d 252, 74 Cal.Rptr. 389, 449 P.2d 453, that claims of immunity by public employees had "frequently required judicial determination of the category into which the particular act falls: i.e., whether it was ministerial because it amounted 'only to obedience to orders, or the performance of a duty in which the officer is left no choice of his own,' or 'discretionary because it required 'personal deliberation, decision and judgment.' [Citation]." (70 Cal.2d at pp. 260-261, 74 Cal.Rptr. 389, 449 P.2d 453.)

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