Kaplan v. LaBarbera

[178]

Opinion

GILBERT, J.

Here we conclude that county government and its employees have immunity from liability for actions taken to collect child support from plaintiff. [[/]]

*

We affirm.

Facts

Miles Joel Kaplan sued the San Luis Obispo County District Attorney’s Office, the district attorney, a deputy district attorney, a family support division supervisor and a family support officer.

Among Kaplan’s claims is that the defendants failed to properly apply the guideline formula for child support in determining his obligation; failed to agree to a modification of his child support obligation; falsely represented that no judge would modify his child support; used intimidation, undue influence and duress; had his real estate license suspended; collected child support from the proceeds of a settlement in his personal injury action; and left him destitute. Kaplan’s complaint alleged many causes of action under state law and a federal cause of action under 42 United States Code section 1983.

The defendants moved for summary judgment. They claimed they were immune from liability under state law pursuant to Government Code sections 821.6 and 815.2, subdivision (b). The individual defendants also claimed they had prosecutorial immunity from liability under 42 United States Code section 1983. The district attorney’s office claimed that it was not liable under section 1983 because it was not the office’s policy, custom or practice to violate anyone’s civil rights.

In support of the motion, both the district attorney and the supervisor of his office’s family support division declared that at no time has the office or its support division ever formálly or informally implemented a policy or adopted a custom or usage which requires its “attorneys or officers to neglect, alienate, abandon, threaten, misrepresent, mistreat, oppress, defraud, injure, intimidate or conspire against the non-custodial parents involved in child support cases handled by the Family Support Division.”

The defendants’ attorney also declared that during an arbitration hearing on March 27, 1996, Kaplan admitted “he had no evidence of the Support Division implementing an adopted or unadopted policy or practice which promulgated the mishandling of child support cases.”