In Riverside County case, high court rules law enforcement is not immune from the consequences of harmful actions taken by officers in investigating crime.
Civil rights attorneys across Southern California on Monday, June 26, applauded a state Supreme Court decision holding police more accountable for alleged misconduct, while law enforcement officials said it will undoubtedly result in more lawsuits challenging police actions.
Riverside County maintained that a provision of the Government Claims Act — Section 821.6 — immunizes public employees from claims of injury caused by wrongful prosecution. While that may be true, the state’s high court ruled that that immunity did not extend to law enforcement investigations.
Lower courts dismissed the case, ruling that state law provides immunity to law enforcement officers and agencies for police conduct during investigations. But in its ruling last week, the Supreme Court reinstated Dora Leon’s lawsuit. Kruger wrote that the lower court decisions were wrong, saying police investigations cannot be interpreted as part of the prosecution process.
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