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However, if this author had a nickel for every falsehood testified to by a peace officer in LA County, he would be richer than Bill Gates.
However, notwithstanding California’s absolute immunity for a malicious criminal prosecution by a police officer, a federal remedy probably exists; probably.
How about if a peace officer orders you to turn around and place your hands behind your back, when you know that you haven’t done anything at all; do you think that you have the right to first ask him “Why” or ask the Officer “What’s going on” prior to doing so?Gov’t Code § 821.6, that provides for absolute malicious prosecution immunity for any public employee, acting in the course and scope of their employment. It may be the great injustice in our criminal justice system in California.’ Cal. A public employee is not liable for injury caused by his instituting or prosecuting any judicial or administrative proceeding within the scope of his employment, even if he acts maliciously and without probable cause.” This is simply malicious prosecution immunity under California state law for any public employee, including peace officers, acting in the course and scope of their employment.This section represents an exercise of “sovereign immunity“; “the King can do no wrong.” The California Courts have bent-over backwards (or “forwards” for sticking it to you, the body politic) to protect police officers from being liable for damages caused by their attempted framing of persons; including damages for innocents having to sit in jail on trumped-up charges that were almost always brought to justify the unjustified use of force, or brought to justify an officer’s premature arrest of a person.And if necessary, we will champion your case all the way to trial.Malicious criminal prosecutions of the victims of police abuse are rampant; especially for patently ambiguous and constantly abused “resistance offenses” like “resisting / obstructing / delaying a peace officer in performance of duties“ or “preventing / deterring public officer from performing duties“. Under California state law, a police officer is absolutely immune for attempting to frame you for a crime that you didn’t commit, and even if you receive a finding of factual innocence from the judge who presided over your bogus criminal action.