Legal Opinion

Jackson v. City of San Diego

California Court of Appeal

Decided July 14, 1981No. Civ. 22257PublishedCited by 20 opinions

1Opinion of the Court

Opinion

WIENER, J.

The emotionally charged question in this appeal is whether an innocent man, convicted and imprisoned for crimes he did not commit, can obtain damages for the entire period of his incarceration.

We are unable to treat this question as an original proposition. The Legislature in enacting the California Tort Claims Act (Gov. Code, § 810 et seq.) 1 has explored and attempted to balance the competing policy considerations for and against governmental immunity. By expressly providing in section 820.4 that a public employee is liable for false arrest or false imprisonment, the…

2Cases cited27 opinions

  1. Palsgraf v. Long Island R.R. Co.New York Court of Appeals · 1928
  2. Broughton v. StateNew York Court of Appeals · 1975
  3. Moyer v. Workmen's Compensation Appeals BoardCalifornia Supreme Court · 1973
  4. Select Base Materials, Inc. v. Board of EqualizationCalifornia Supreme Court · 1959
  5. Hawkins v. Superior CourtCalifornia Supreme Court · 1978

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3Cited by20 opinions

  1. Frank Haygood v. Evelle J. Younger, and Harold Cranke and Benjamin SeymourCourt of Appeals for the Ninth Circuit · 1985
  2. Asgari v. City of Los AngelesCalifornia Supreme Court · 1997
  3. People v. LoperCalifornia Supreme Court · 2015
  4. Stevens v. RifkinDistrict Court, N.D. California · 1984
  5. Scannell v. County of RiversideCalifornia Court of Appeal · 1984

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

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