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Government Entity Immunity

The following summaries are of recent published decisions of the California appellate courts, the Ninth Circuit, and the United States Supreme Court. The summaries are presented without regard to whether Severson & Werson represented a party in the case.

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Haytasingh v. City of San Diego, No. D076228, 2021 Cal. App. LEXIS 568 (Ct. App. July 9, 2021)

Gov. Code 831.7 immunizes governmental entities from liability for any injury arising out of a hazardous recreational activity.  This decision holds that unlike Gov. Code 846 which applies only to premises liability claims, section 831.7 more broadly immunizes government entities from claims whether for hazardous conditions of property or employee negligence in connection with hazardous recreational activities.  The decision also… Read More

Leon v. County of Riverside (2021)

Under Gov. Code 821.6, a public employee is immune from liability for instituting or prosecuting a judicial or administrative proceeding.  That immunity extends to investigation activities that precede a potential judicial proceeding.  This decision holds that the immunity applies to policemen who investigate a crime scene.  So plaintiff cannot recover from the police or their public employer for the emotional… Read More

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