Legal Opinion
Caldwell v. Montoya
California Supreme Court
Decided July 27, 1995No. S043156PublishedCited by 165 opinions
1Opinion of the Court
Opinion
BAXTER, J.
In this case, we confront a narrow but important issue: are individual members of an elected school board immune from a suit seeking damages against them personally for their successful votes to terminate the employment of the school district’s superintendent, even when the complaint alleges race and age discrimination in violation of California’s Fair Employment and Housing Act (FEHA; Gov. Code, § 12900 et seq.)?
We conclude as follows: the Tort Claims Act (§810 et seq. (hereafter sometimes the Act)) 2 generally affords a public employee personal immunity from suit when the…
2Cases cited40 opinions
- Harlow v. FitzgeraldSupreme Court of the United States · 1982
- Dalehite v. United StatesSupreme Court of the United States · 1953
- Martinez v. CaliforniaSupreme Court of the United States · 1980
- Tarasoff v. Regents of University of CaliforniaCalifornia Supreme Court · 1976
- Gregoire v. BiddleCourt of Appeals for the Second Circuit · 1949
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3Cited by165 opinions
- AE Ex Rel. Hernandez v. County of TulareCourt of Appeals for the Ninth Circuit · 2012
- Reno v. BairdCalifornia Supreme Court · 1998
- Janken v. GM Hughes ElectronicsCalifornia Court of Appeal · 1996
- James Steinle v. City and County of S.F.Court of Appeals for the Ninth Circuit · 2019
- Farmers Insurance Group v. County of Santa ClaraCalifornia Supreme Court · 1995
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