Is there any liability between a police officer and the state?

California, United States of America


The following excerpt is from Clemente v. State of California, 219 Cal.Rptr. 445, 40 Cal.3d 202, 707 P.2d 818 (Cal. 1985):

"We think that possible liability of the officer and the state in this case is indicated by our reasoning in the aforementioned decision of this panel, Mann v. State of California [ (1977)] supra, 70 Cal.App.3d 773 [139 Cal.Rptr. 82]. There, we said that the lack of police protection immunity granted by Government Code section 845, extends essentially only to protection against crime and to that resulting from budgetary neglect. It does not extend to negligence as such. (Id. at pp. 778-779 [139 Cal.Rptr. 82].) There, we also said that a special relationship in tort law obtained between the California highway

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