Is a police officer liable for injuries sustained as a result of his actions under section 820.2 of the California Public Safety Act?

California, United States of America


The following excerpt is from Adams v. Santa Clara Cnty. Sheriff's Dep't, H039958 (Cal. App. 2015):

section 820.2 (hereafter "section 820.2"). That statute provides: "Except as otherwise provided by statute, a public employee is not liable for an injury resulting from his act or omission where the act or omission was the result of the exercise of the discretion vested in him, whether or not such discretion be abused." "A decision to arrest, or to take some protective action less drastic than arrest, is an exercise of discretion for which a peace officer may not be held liable in tort." (McCarthy v. Frost (1973) 33 Cal.App.3d 872, 875.)

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