Legal Opinion

Allen v. Toten

California Court of Appeal

Decided October 2, 1985No. Civ. 23398PublishedCited by 27 opinions

1Opinion of the Court

Opinion

SPARKS, J.

In this case we consider whether there is a cause of action in California for negligent infliction of emotional distress against a county and its peace officers for bringing a wife to the scene of a standoff between the police and her armed and suicidal husband with the hope that she might persuade him to surrender. We decline to recognize such a cause of action even though the police, acting lawfully and without negligence, thereafter wound the husband in the wife’s presence.

Defendant County of Shasta and defendants Gene Toten and Chester Ash-mun, deputies of the Shasta…

2Cases cited26 opinions

  1. Rowland v. ChristianCalifornia Supreme Court · 1968
  2. Dillon v. LeggCalifornia Supreme Court · 1968
  3. Tarasoff v. Regents of University of CaliforniaCalifornia Supreme Court · 1976
  4. Molien v. Kaiser Foundation HospitalsCalifornia Supreme Court · 1980
  5. Alcorn v. Anbro Engineering, Inc.California Supreme Court · 1970

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3Cited by27 opinions

  1. Munoz v. City of Union CityCalifornia Court of Appeal · 2004
  2. Nielsen v. GibsonCalifornia Court of Appeal · 2009
  3. Taylor v. Nu Digital Marketing, Inc.California Court of Appeal · 2016
  4. Yong Shao Ma v. City & County of San FranciscoCalifornia Court of Appeal · 2002
  5. Henderson v. United StatesCourt of Appeals for the Ninth Circuit · 1986

22 more not listed; retrieve them via the Exa API.

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