California Codes

Cal. Government Code § 820.4 (2026)

✓ current as of May 2026

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A public employee is not liable for his act or omission, exercising due care, in the execution or enforcement of any law. Nothing in this section exonerates a public employee from liability for false arrest or false imprisonment.

Notes of Decisions

Cited in 65 cases (17 in the last 5 years), 1968–2025 · leading case: Gillan v. City of San Marino, 55 Cal. Rptr. 3d 158 (Cal. Ct. App. 2007).

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Gillan v. City of San Marino, 55 Cal. Rptr. 3d 158 (Cal. Ct. App. 2007). · cites it 2× “6 was not intended to change the common law rule, preserved in *1049 Government Code section 820.4, that a public employee can be liable for false imprisonment.”

Liberal v. Estrada, 632 F.3d 1064 (9th Cir. 2011). · cites it 2× “(b) Any individual whose exercise or enjoyment of rights secured by the Constitution or laws of the United States, or of rights secured by the Constitution or laws of this state, has been interfered with, or attempted to be interfered with, as described in subdivision (a), may…”

Asgari v. City of Los Angeles, 937 P.2d 273 (Cal. 1997). · cites it 2× “Second, Government Code sections 820.4 and 821.6 focus upon the nature of the alleged tort, rather than the nature of the governmental duties performed by the defendant.”

Connelly v. State of California, 3 Cal. App. 3d 744 (Cal. Ct. App. 1970). · cites it 4× “Government Code section 820.4 and following, which the Legislative Committee report gave as examples of the discretionary immunity, stated in general in section 820.”

Garcia v. City of Merced, 637 F. Supp. 2d 731 (E.D. Cal. 2008). · cites it 2× “) Immunity for false arrest or imprisonment also is not afforded under California Government Code § 820.4, which provides: A public employee is not liable for his act or omission, exercising due care, in the execution or enforcement of any law.”

Stevens v. Rifkin, 608 F. Supp. 710 (N.D. Cal. 1984). · cites it 2× “Cal.Govt.Code § 820.4; Jackson v. City of San Diego, 121 Cal.”

McKay v. Cnty. of San Diego, 111 Cal. App. 3d 251 (Cal. Ct. App. 1980). · cites it 3× “” (Gov. Code, § 820.4.) Since the employee is exposed to personal liability, the employer public entity is equally liable under respondeat superior principles.”

Young v. City of Visalia, 687 F. Supp. 2d 1155 (E.D. Cal. 2010). · cites it 2× “The attempt to allege violations of the Penal Code are an attempt to circumvent the immunity granted to law enforcement officers under California Government Code § 820.4. As for the common law tort claims identified under the Fourth cause of action, Plaintiffs do not address…”

Bryan v. City of Carlsbad, 297 F. Supp. 3d 1107 (S.D. Cal. 2018). “Other State Law Claims Defendants argue that public employees are immune under Cal. Govt. Code § 820.4 . They also argue, citing Cal.”

Sanchez v. City of Fresno, 914 F. Supp. 2d 1079 (E.D. Cal. 2012). “Likewise, California Government Code § 820.4 provides: A public employee is not liable for his act or omission, exercising due care in the execution or enforcement of any law.”

Richardson-Tunnell v. Schs. Ins. Prog. for Employees, 1 Cal. WCC 1036 (Cal. Ct. App. 2007). “(Gov. Code, § 820.4; Gillan , at pp. 1048-1049.”

James F. Robinson v. Solano Cnty. Brian Cauwells, Solano Cnty. Sheriff's Deputy Officer Gary Faulkner, Solano Cnty. Sheriff's Deputy Officer, 218 F.3d 1030 (9th Cir. 2000). · cites it 2× “Also, under California Government Code section 820.4, public employees are not entitled to immunity in suits for false arrest or false imprisonment.”

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