California Codes

Cal. Civil Code § 43.55 (2026)

✓ current as of May 2026

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(a)There shall be no liability on the part of, and no cause of action shall arise against, any peace officer who makes an arrest pursuant to a warrant of arrest regular upon its face if the peace officer in making the arrest acts without malice and in the reasonable belief that the person arrested is the one referred to in the warrant.

(b)As used in this section, a “warrant of arrest regular upon its face” includes both of the following:

(1)A paper arrest warrant that has been issued pursuant to a judicial order.

(2)A judicial order that is entered into an automated warrant system by law enforcement or court personnel authorized to make those entries at or near the time the judicial order is made.

Notes of Decisions

Cited in 23 cases (3 in the last 5 years), 1987–2023 · leading case: Merritt Sharp, III v. Cnty. of Orange, 871 F.3d 901 (9th Cir. 2017).

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Merritt Sharp, III v. Cnty. of Orange, 871 F.3d 901 (9th Cir. 2017). · cites it 3× “Cal. Civ. Code § 43.55 (a) The arrest-warrant immunity under Cal.”

Santiago Rivera v. Cnty. of Los Angeles, 745 F.3d 384 (9th Cir. 2014). · cites it 2× “” Cal. Civil Code § 43.55 (a). Second, an officer is not liable “for false arrest or false imprisonment arising out of any arrest” that “was lawful, or [that] the peace officer, at the time of the arrest, had reasonable cause to believe .”

Kelvin Gant v. Cnty. of Los Angeles, 772 F.3d 608 (9th Cir. 2014). · cites it 2× “2(a), but public entities are immune from liability to the extent their employees aré immune from liability, Cal.”

Mario Garcia v. Cnty. of Riverside, 817 F.3d 635 (9th Cir. 2016). · cites it 2× “I § 13, and false imprisonment) because of immunities provided in California Penal Code § 847 and California Civil Code § 43.55. The first provision, section 847, prohibits causes of action against any peace officer, acting within his authority, “for false arrest or false…”

Beck v. City of Upland, 527 F.3d 853 (9th Cir. 2008). · cites it 4× “The district court held that it may not, because (1) a San Bernardino County prosecutor authorized the filing of a criminal complaint before the police officers obtained an arrest warrant, thereby acting as an intervening cause of Beck’s injuries and cutting off post-complaint…”

Garcia v. City of Merced, 637 F. Supp. 2d 731 (E.D. Cal. 2008). · cites it 3× “City Defendants also claim immunity under California Civil Code § 43.55. Defendant Card-wood claims immunity under § 821.”

Rodriguez v. United States, 542 F.3d 704 (9th Cir. 2008). · cites it 2× “8 and California Civil Code § 43.55, that the officers’ conduct was privileged because the officers had a reasonable suspicion that someone at the Rodriguez family’s home was an alien or engaged in an offense against the United States.”

Gant v. Cnty. of Los Angeles, 765 F. Supp. 2d 1238 (C.D. Cal. 2011). · cites it 3× “California Civil Code section 43.55 provides that a “peace officer who makes an arrest pursuant to a warrant of arrest regular upon its face” shall not be liable “if the peace officer in making the arrest acts without malice and in the reasonable belief that the person arrested…”

Lopez v. City of Oxnard, 207 Cal. App. 3d 1 (Cal. Ct. App. 1989). · cites it 2× “55 provides immunity to and precludes actions against “any peace officer who makes an arrest pursuant to a warrant of arrest regular upon its face if the peace officer in making the arrest acts without malice and in the reasonable belief that the person arrested is the one…”

Bell v. State of California, 98 Cal. Daily Op. Serv. 3469 (Cal. Ct. App. 1998). “55 (immunity to peace officer in making arrest pursuant to warrant if he or she acts in reasonable belief the person arrested is the one referred to in the warrant); Penal Code section 836, subdivision (a)(2) (warrant arrest proper if officer has reasonable cause to believe the…”

Simons v. Cnty. of Marin, 682 F. Supp. 1463 (N.D. Cal. 1987). · cites it 2× “Because the court has ruled in favor of plaintiffs on the federal claims, this argument is unavailing.”

Martin v. Cnty. of San Diego, 650 F. Supp. 2d 1094 (S.D. Cal. 2009). · cites it 2× “Plaintiff incorrectly asserts that the Ninth Circuit’s findings regarding Det.”

Show all 23 citing cases →

— Cal. Civil Code § 43.55(a) — 4 cases

Beck v. City of Upland, 527 F.3d 853 (9th Cir. 2008). “The district court held that it may not, because (1) a San Bernardino County prosecutor authorized the filing of a criminal complaint before the police officers obtained an arrest warrant, thereby acting as an intervening cause of Beck’s injuries and cutting off post-complaint…”

Mario Garcia v. Cnty. of Riverside, 817 F.3d 635 (9th Cir. 2016). “I § 13, and false imprisonment) because of immunities provided in California Penal Code § 847 and California Civil Code § 43.55. The first provision, section 847, prohibits causes of action against any peace officer, acting within his authority, “for false arrest or false…”

Gant v. Cnty. of Los Angeles, 765 F. Supp. 2d 1238 (C.D. Cal. 2011). “California Civil Code section 43.55 provides that a “peace officer who makes an arrest pursuant to a warrant of arrest regular upon its face” shall not be liable “if the peace officer in making the arrest acts without malice and in the reasonable belief that the person arrested…”

Beck v. City of Upland (9th Cir. 2008).

— Cal. Civil Code § 43.55(b) — 1 case

Kelvin Gant v. Cnty. of Los Angeles, 772 F.3d 608 (9th Cir. 2014). “2(a), but public entities are immune from liability to the extent their employees aré immune from liability, Cal.”

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