California Court of Appeal

In a suit brought by a plaintiff who was wrongly arrested on a warrant for a man with a similar but by no means identical name, and while incarcerated for nine days was forcibly sodomized by another inmate, the trial court's sustainment of the demurrer of the deputy district attorney, who allegedly negligently failed to determine plaintiff's true identity and tried to prevent him from ultimately being released, is affirmed where although plaintiff adequately alleged defendant was liable for false imprisonment and that statutory prosecutorial immunity, Gov. Code section 821.6, did not apply to the false imprisonment claim, the demurrer had to be sustained based on common-law prosecutorial immunity.

Appellate Information

• Decided 10/27/2015
• Published 10/27/2015

Judges

• KING

Court

• California Court of Appeal

Counsel