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McKAY v. COUNTY OF SAN DIEGO

Docket No. 22391.

111 Cal.App.3d 251 (1980)

168 Cal. Rptr. 442

GARY McKAY et al., Plaintiffs and Appellants, v. COUNTY OF SAN DIEGO et al., Defendants and Respondents.

Court of Appeals of California, Fourth District, Division One.

October 21, 1980.

Attorney(s) appearing for the Case

COUNSEL

Popko & Cornblum and Hugh D. McLean for Plaintiffs and Appellants.

Donald L. Clark, County Counsel, Lloyd M. Harmon, Jr., Chief Deputy County Counsel, and C. Larry Davis, Deputy County Counsel, for Defendants and Respondents.

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...

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