What is the effect of the official immunity granted to a government officer who makes allegations of improper disclosure?

California, United States of America


The following excerpt is from Kilgore v. Younger, 180 Cal.Rptr. 657, 30 Cal.3d 770, 640 P.2d 793 (Cal. 1982):

Stated another way, the purpose of the official immunity accorded government officers is to avoid the "chilling effect" which the fear of damage suits would have on the energetic performance of the public's business. (See Barr v. Mateo (1958) 360 U.S. 564, 571, 79 S.Ct. 1335, 1339, 3 L.Ed.2d 1434.) In the instant case, the potential for such a chilling effect is substantial. Mere allegation that the publication contained confidential information would avoid a demurrer. At a minimum, trials would be required to determine factually whether the genesis of the information was a statutorily protected file or some other unprotected source. Presumably, other charges of improper disclosure, no matter how trivial, would also demand factual hearings to delineate the scope of "propriety" in each case. At that point, of course, the damage to the proper functioning of government has already occurred since the threat of litigation will discourage public officials from providing for the extensive and robust dissemination of information so necessary in a democratic society.

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