Leon v. County of Riverside
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The Supreme Court reversed the judgment of the court of appeal affirming the trial court's judgment in favor of the County of Riverside in this action asserting negligent distress, holding that a provision of the Government Claims Act, Cal. Gov. Code 821.6, does not immunize public employees from claims based on certain injuries inflicted in the course of law enforcement investigations.
Plaintiff's husband was shot and killed. When deputies with the Riverside County Sheriff office dragged his body in an attempt to revive him, the movement exposed his naked body. Plaintiff brought this action alleging that the officers and County failed to exercise reasonable care when they left her husband's body exposed for several hours in view of both Plaintiff and the general public. The trial court granted judgment for the County, concluding that Defendants were immune under section 821.6 for "all conduct related to the investigation and filing of charges." The court of appeal affirmed. The Supreme Court reversed, holding that the court of appeals erred in upholding the application of section 321.6 to confer absolute immunity on the County for negligent infliction of emotional distress arising out of the alleged mishandling of Plaintiff's husband's body because the claims did not concern alleged harms from the institution or prosecution of judicial or administrative proceedings.
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