McKay v. County of San Diego

Opinion

WORK, J.

In this case we hold there is no false arrest governmental immunity for a public employee who maliciously arrests and imprisons another by personally serving an arrest warrant issued solely on information deliberately falsified by the arresting officer himself. We reverse judgments on the pleadings alleging false imprisonment in favor of the public employee and employer, County of San Diego (County), and as to punitive damages for such false imprisonment against the employee individually.

We deem all material facts alleged in the amended complaint admitted for the purpose of our…