Heriberto Rodriguez v. County of Los Angeles, 891 F.3d 776 (2018)

Citation: Heriberto Rodriguez v. County of Los Angeles, 891 F.3d 776 (2018)
Parent Document: Heriberto Rodriguez v. County of Los Angeles, 891 F.3d 776 (2018)
Jurisdiction: United States (federal)
Effective Date: 2018-05-30
Original Source: https://www.courtlistener.com/opinion/4502306/heriberto-rodriguez-v-county-of... ↗

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Finally, the supervisors argue that they have immunity
under state law. They argue that they cannot be held liable
under California Civil Code § 52.1 because California Civil
Code § 820.2 shields them from liability for discretionary
acts and California Civil Code § 820.8 renders them immune
from vicarious liability. We disagree. First, § 820.2 does not
shield from liability government employees who use
excessive force in carrying out their duties. See Blankenhorn
v. City of Orange, 485 F.3d 463, 487 (9th Cir. 2007). Second,
§ 820.8 is inapplicable because, as just explained, appellees
do not rely on vicarious liability, but, rather, rely on the
supervisors’ culpable action or inaction that proximately
caused their injuries. D. California Civil Code § 52.1

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