Conway v. County of Tuolumne
Annotate this CasePlaintiff filed suit against the County after officers fired a tear gas canister into plaintiff's mobile home. On appeal, plaintiff challenged the trial court's grant of summary judgment to the County. In this case, once the officers decided to arrest plaintiff's adult son, they were vested by the Department with discretion to determine the means by which the arrest should be carried out, including the possible use of tear gas as a way to determine whether plaintiff's son was in plaintiff's house. Therefore, the court affirmed the judgment, concluding that the County was immune under Government Code section 820.2, which provides immunity for discretionary acts of County employees.
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