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Legal Opinion

City of Long Beach v. Bozek

California Supreme Court

Decided June 1, 1982No. L.A. 31448PublishedCited by 59 opinions

1Opinion of the Court

*530Opinion

MOSK, J.

The sole issue is whether a city may maintain a malicious prosecution action against an individual who unsuccessfully sued the city for false imprisonment and related torts arising out of alleged police misconduct.1 We believe that existing remedies are adequate to protect the interests of municipalities in obtaining compensation for the expenses incurred in defending against unwarranted lawsuits and in deterring improper suits in the future. Additionally, the maintenance of malicious prosecution actions by governmental entities would generate a potentially chilling effect of…

2Cases cited31 opinions

  1. New York Times Co. v. SullivanSupreme Court of the United States · 1964
  2. National Ass'n for the Advancement of Colored People v. ButtonSupreme Court of the United States · 1963
  3. Eastern Railroad Presidents Conference v. Noerr Motor Freight, Inc.Supreme Court of the United States · 1961
  4. United Mine Workers v. PenningtonSupreme Court of the United States · 1965
  5. California Motor Transport Co. v. Trucking UnlimitedSupreme Court of the United States · 1972

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3Cited by59 opinions

  1. White v. LeeCourt of Appeals for the Ninth Circuit · 2000
  2. White v. LeeCourt of Appeals for the Ninth Circuit · 2000
  3. People v. HoltCalifornia Supreme Court · 1997
  4. Pacific Gas & Electric Co. v. Bear Stearns & Co.California Supreme Court · 1990
  5. Kenneth R. Cate, Esquire, and Maher, Overchuck, Langa & Cate, a Florida Association v. Gordon G. Oldham, Jr., and State of FloridaCourt of Appeals for the Eleventh Circuit · 1983

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