Civil rights attorneys across Southern California on Monday, June 26, applauded a state Supreme Court decision holding police more accountable for alleged misconduct, while law enforcement officials said it will undoubtedly result in more lawsuits challenging police actions.
Riverside County maintained that a provision of the Government Claims Act — Section 821.6 — immunizes public employees from claims of injury caused by wrongful prosecution. While that may be true, the state’s high court ruled that that immunity did not extend to law enforcement investigations. Leon’s widow, Dora Leon, filed a lawsuit alleging negligence and infliction of emotional distress, claiming deputies dragged her husband’s body behind a police vehicle, and in the process his pants were pulled down, exposing his genitals. His body was left like that, in public view, for about eight hours while deputies investigated.
But Alquist declined to comment further because of the ongoing litigation. “The case has to run its course, and we don’t want to get in the way of anything that might unfold by weighing in with our opinion,” he said.Dale Galipo, a Woodland Hills civil rights attorney who has represented clients in hundreds of police misconduct cases in Southern California for more than two decades, said the Supreme Court’s decision was a “step in the right direction” because it holds police more accountable.
“It will also increase the scope of the lawsuits so that in addition to excessive force and traditional claims, there’s going to be claims of other inappropriate conduct during investigations,” Galipo said. “It is amazing such a statue could even exist in our modern times,” Terrell and Brunner said in their statement. “The language in 821.6 states the employee isn’t liable ‘even if he acts maliciously and without probable cause.’ “
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