California Court of Appeal

Denial of summary judgment for defendants, in case involving requirement of permits before speaking in opposition to abortion, is reversed as they are immune since a public employee is not liable for enforcing an allegedly unconstitutional enactment if the "employee acts in good faith, without malice, and under the apparent authority of [the] enactment." Denial of summary judgment for plaintiff is affirmed where undisputed facts show the officers had reasonable cause to arrest him.

Appellate Information

• Decided 06/14/2006
• Published 06/14/2006

Judges

• HALLER, Acting P.J.

Court

• California Court of Appeal

Counsel

• For Appellant:
  
• Law Offices of Peter D. Lepiscopo, Peter D. Lepiscopo, San Diego, and James M. Griffiths, for Petitioners in No. D047158 and for Real Parties in Interest in No. D047230., Stutz Artiano Shinoff & Holtz, Ray J. Artiano and Ljubísa Kostíc, San Diego, for Real Parties in Interest in No. D047158 and for Petitioners in D047230.


• For Appellees:
  
• No appearance for Respondent.