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Constitutional Law

Dec. 10, 2014

When police officer immunity goes further than necessary

During the course of arrests, police officers sometimes damage private property. A question courts often face is whether officers are immune from liability for such damage. By John Claassen


By John Claassen


During the course of arrests, police officers sometimes damage private property. A question courts often face is whether officers are immune from liability for such damage. A recent decision of the 5th District Court of Appeal misapplies immunity and highlights why the framework of governmental immunity warrants further attention.


In 1995, the state Supreme Court in Customer Co. v. City of Sacramento held neither an officer nor h...

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