Saturday, April 10, 2010

No qualified immunity in California for Gov. torts brought under state law.

The Case: Cousins v. Lockyer, 568 F. 3d 1063
California law is also clear that qualified immunity does not apply to state civil rights claims... [Citation omitted] "qualified immunity of the kind applied to actions brought under 42 U.S.C. §1983 does not apply to actions brought under [the Bane Act]"). In other words, qualified immunity is a doctrine of federal common law and, as such, has no application to Cousins' state claims, which are subject only to state statutory immunities.
See also:
Venegas v. County of L.A., 153 Cal.App.4th 1230, (2007) (quoting Ogborn v. City of Lancaster, 101 Cal.App.4th 448 (2002).

1 comment:

  1. California law is also clear that qualified immunity does not apply to state civil rights claims... [Citation omitted] "qualified immunity of the kind applied to actions brought under 42 U.S.C. §1983 does not apply to actions brought under [the Bane Act]"). In other words, qualified immunity is a doctrine of federal common law and, as such, has no application to Cousins' state claims, which are subject only to state statutory immunities. criminal defense attorney orange county

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