California, United States of America
The following excerpt is from Orange Cnty. Fire Auth. v. Superior Court of Orange Cnty., G054071 (Cal. App. 2017):
excused from the Tort Claims Act, is unfounded. The point of Long, as well as Holt v. Kelly (1978) 20 Cal.3d 560 on which it was based, is that the government cannot profit from its own wrong by confiscating property, losing that property, making it impossible to recover the property because of its "own negligence," and then turn around and contend that the "resulting action, necessarily limited to monetary damages, is subject to the Government Tort Claims Act." (Long, supra, 68 Cal.App.4th at p. 786, italics added.)
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