What is the standard for determining whether a public employee is discretionary and therefore entitled to immunity under section 820.2?

California, United States of America


The following excerpt is from Mouchette v. Board of Education, 217 Cal.App.3d 303, 266 Cal.Rptr. 1 (Cal. App. 1990):

The standard for determining whether the act of a public employee is discretionary and therefore entitled to immunity under section 820.2 was set forth in Johnson v. State of California (1968) 69 Cal.2d 782, 794-795, fn. 8, 73 Cal.Rptr. 240, 447 P.2d 352.) "[T]o be entitled to immunity [217 Cal.App.3d 313] the state must make a showing that such a policy decision, consciously balancing risks and advantages, took place. The fact that an employee normally engages in 'discretionary activity' is irrelevant if, in a given case, the employee did not render a considered decision." (Ibid.)

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