Kruger noted the court issued a similar ruling in 1974. But in 1994, a state appeals court adopted a broader interpretation to shield police from lawsuits stemming from conduct during investigations. Lower courts have been relying on that ruling to dismiss misconduct lawsuits against law enforcement that did not involve prosecutions.
This particular case centered on Jose Leon, who was shot and killed by a neighbor in 2017 southeast of Los Angeles in Riverside County. Shortly after sheriff’s deputies arrived at the shooting, they heard several gunshots nearby and dragged Leon’s body behind a police vehicle, causing his pants to fall down and exposing his genitals, according to the lawsuit.
Many local police departments have routinely argued that they are immune from damage claims “the moment a police officer arrives on the scene of a crime,” said Richard Antognini, a lawyer representing Leon. The recent ruling helps remove an obstacle for victims seeking damages from police misconduct, Antognini said. California laws still provide immunity to certain aspects of police investigations.
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