Is a plaintiff entitled to a claim for wrongful imprisonment?

MultiRegion, United States of America

The following excerpt is from Lum v. County Of San Joaquin, NO. CIV. S-10-1807 LKK/DAD (E.D. Cal. 2010):

5. Defendants also assert that plaintiffs' Seventh Claim for "False Arrest" is also precluded by the various immunities contained in the Torts Claim Act; however, under California law, a police officer is not granted statutory immunity for false arrest and imprisonment. See Asgari v. City of Los Angeles, 15 Cal.4th 744, 752 (1998). Government Code 820.4, which grants immunity for a public employee's "act or omission, exercising due care, in the execution or enforcement of any law," provides that: "nothing in this section exonerates a public employee from liability for false arrest or false imprisonment."

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