Leon v. County of Riverside

Summary

The California Supreme Court held that Government Code section 821.6 immunizes public employees only for injuries caused by instituting or prosecuting an official judicial or administrative proceeding, including negligent or otherwise wrongful prosecution. The immunity does not extend to injuries caused by investigative conduct unconnected to the institution or prosecution of proceedings, so it did not bar Dora Leon’s negligent infliction of emotional distress claim concerning the handling of her husband’s body. The court reversed the Court of Appeal’s judgment and remanded for consideration of the County’s other defenses.