Blackburn v. County of Los Angeles

Opinion

KAUS, P. J.

Plaintiffs David and Phyllis Blackburn filed an action based on malicious prosecution against defendants County of Los Angeles (County) and certain individual employees of the county department of public social services (DPSS), Dorothy Gentry, Mary Meyer, and Mildred Reed. The trial court sustained the County’s demurrer to plaintiffs’ amended complaint without leave to amend and dismissed the action as to the County.

The sole issue on appeal is the constitutionality of sections 815.2, subdivision (b), and 821.6 of the Government Code, which, in combined effect, immunize the County for liability for malicious prosecution.

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Facts

Plaintiffs’ first amended complaint

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alleges that defendants Gentry, Meyer and Reed, employees of the DPSS, filed a criminal complaint report in January 1972 with the district attorney, accusing plaintiffs of grand theft. (Pen. Code, § 487, subd. 1.) Plaintiffs were arrested, detained, charged by information, arraigned, and held for a preliminary hearing. In March 1972 the charges were dismissed for lack of evidence indicating probable cause. In April 1972 defendants Gentry, Meyer and Reed filed the same criminal complaint with the district attorney. Again, plaintiffs were arrested, detained, charged by information, arraigned and held for preliminary hearing. Again, in August 1972, the charges were dismissed for lack of evidence indicating probable cause.

Plaintiffs allege that Gentry, Meyer an,d Reed acted without probable cause and maliciously, and defendant County knew or should have known that the charges were made without probable cause and done with the intent to vex, harass and injure plaintiffs.

A claim was filed with the County and denied. The complaint sought damages of $12 million.

Discussion

Plaintiffs’ action against the County DPSS employees is barred under section 821.6 of the Government Code, which provides: “A public employee is not liable for injury caused by his instituting or prosecuting any judicial or administrative proceeding within the scope of his employment, even if he acts maliciously and without probable cause.” Their action against the County is barred by section 815.2, subdivision (b): “[A] public entity is not liable for an injury resulting from an act or omission of an employee of the public entity where the employee is immune from liability.”