In a telephone interview Monday, Mission Viejo attorney James Alquist, representing Dora Leon, said, “As you can imagine, we’re happy because the decision came down in our favor, and it appears to be significant.”īut Alquist declined to comment further because of the ongoing litigation. Kruger wrote that the lower court decisions were wrong, saying police investigations cannot be interpreted as part of the prosecution process. But in its ruling last week, the Supreme Court reinstated Dora Leon’s lawsuit. Lower courts dismissed the case, ruling that state law provides immunity to law enforcement officers and agencies for police conduct during investigations. His body was left like that, in public view, for about eight hours while deputies investigated. Leon’s widow, Dora Leon, filed a lawsuit alleging negligence and infliction of emotional distress, claiming deputies dragged her husband’s body behind a police vehicle, and in the process his pants were pulled down, exposing his genitals. “While other provisions of the Government Claims Act may confer immunity for certain investigatory actions, it does not broadly immunize police officers or other public employees for any and all harmful actions they may take in the course of investigating crime,” Associate Justice Leondra Kruger wrote in the ruling.ĭeputies heard additional gunshots coming from a nearby home, where they found John Malicek, 67, dead inside the residence, also from gunshot wounds, according to a sheriff’s news release.
While that may be true, the state’s high court ruled that that immunity did not extend to law enforcement investigations. Riverside County maintained that a provision of the Government Claims Act - Section 821.6 - immunizes public employees from claims of injury caused by wrongful prosecution.
On Thursday, June 22, the California Supreme Court unanimously rejected an argument by Riverside County that its sheriff’s deputies could not be sued for leaving a man’s naked body lying in plain sight for eight hours while officers investigated his killing. Gonzalez said his department will continue to work closely with its legal counsel and community stakeholders in developing new policies and procedures, while also protecting the rights of his officers. “We may need to revise training protocols to ensure that our officers are equipped with the knowledge and skills that they need that minimizes the risk of liability.”
“It sounds like it’s going to increase liability for us, and it may have some implications for our training programs,” Riverside Police Chief Larry Gonzalez said in an interview. Civil rights attorneys across Southern California on Monday, June 26, applauded a state Supreme Court decision holding police more accountable for alleged misconduct, while law enforcement officials said it will undoubtedly result in more lawsuits challenging police actions.
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