Is a public entity or public employee liable for failure to establish a police department or otherwise to provide police protection services?

California, United States of America


The following excerpt is from Venice Stakeholders Ass'n v. City of L. A., B272373 (Cal. App. 2018):

In addition to immunity under section 820.2 for discretionary acts, the Act provides a specific immunity regarding police protection services in section 845, which states: "Neither a public entity nor a public employee is liable for failure to establish a police department or otherwise to provide police protection service or, if police protection service is provided, for failure to provide sufficient police protection service." "[S]ection 845 was designed to protect from judicial review in tort litigation the political and budgetary decisions of policymakers, who must determine whether to provide police officers or their functional equivalents. [Citations.]" (Leger v. Stockton Unified School Dist. (1988) 202 Cal.App.3d 1448, 1463.)

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