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4412 REVIEW DENIED Prosecutorial immunity under Government Code section 821.6 prevents liability for defamation or intentional infliction of emotional distress from being imposed on police officers who attempted to obtain evidence by publicizing an arrest they made without probable cause, but it does not prevent liability for false arrest or for a violation of the Bane Act (Civil Code section 52.1) committed by making that arrest; an arrest is an exercise of operational rather than policy-making discretion and is therefore not subject to the immunity conferred by Government Code section 820.2 for a public employee's discretionary acts.
GILLAN v CITY OF SAN MARINO (Overzealous Investigation) 147 Cal. App. 4th 1033 [See: CivC 52.1; GovC 821.6, 820.2; Amylou R v County 28 CA4 1205, T/AT 11/94; Sullivan v County 12 C3 710]
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