Cal. Codes » Government Code / TITLE 1. GENERAL / DIVISION 3.6. CLAIMS AND ACTIONS AGAINST PUBLIC ENTITIES AND PUBLIC EMPLOYEES / PART 2. LIABILITY OF PUBLIC ENTITIES AND PUBLIC EMPLOYEES / CHAPTER 1. General Provisions Relating to Liability / ARTICLE 3. Liability of Public Employees
California Codes

Cal. Government Code § 820.6 (2026)

✓ current as of May 2026
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If a public employee acts in good faith, without malice, and under the apparent authority of an enactment that is unconstitutional, invalid or inapplicable, he is not liable for an injury caused thereby except to the extent that he would have been liable had the enactment been constitutional, valid and applicable.

Notes of Decisions
Cited in 14 cases (2 in the last 5 years), 1976–2022 · leading case: Lockyer v. City & Cnty. of San Francisco, 95 P.3d 459 (Cal. 2004).
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Lockyer v. City & Cnty. of San Francisco, 95 P.3d 459 (Cal. 2004). · cites it 4× “First, as a matter of state law, Government Code section 820.6 explicitly provides that "[i]f a public employee acts in good faith, without malice, and under the apparent authority of an enactment that is unconstitutional, invalid, or inapplicable, he is not liable for an injury…”
Eldridge v. City of Palo Alto, 57 Cal. App. 3d 613 (Cal. Ct. App. 1976). · cites it 2× “(Gov. Code, § 820.6. See Brown v. City of Los Angeles (1968) 267 Cal.”
Peterson v. City of Long Beach, 594 P.2d 477 (Cal. 1979). · cites it 2× “(Gov. Code, § 820.6.) As the trial court noted, the evidence failed to show any intent by the city or its police department to modify these existing legal requirements or to declare a minimum standard of care for purposes of measuring an officer's legal duty of care toward third…”
Rutherford v. State of California, 188 Cal. App. 3d 1267 (Cal. Ct. App. 1987). “6 provides: “If a public employee acts in good faith, without malice, and under the apparent authority of an enactment that is unconstitutional, invalid or inapplicable, he is not liable for an injury caused thereby except to the extent that he would have been liable had the…”
Thomas v. Dillard, 212 F. Supp. 3d 938 (S.D. Cal. 2016). · cites it 4× “California Government Code section 820.6 states: If a public employee acts in good faith, without malice, and under the apparent authority of an enactment that is unconstitutional, invalid or inapplicable, he is not liable for an injury caused thereby except to the extent that…”
Cowing v. City of Torrance, 87 A.L.R. 3d 137 (Cal. Ct. App. 1976). “However, Government Code section 820.6 provides: “If a public employee acts in good faith, without malice, and *762 under the apparent authority of an enactment that is unconstitutional, invalid or inapplicable, he is not liable for any injury caused thereby except to the extent…”
Angelica R. Untalan v. Warren A. Stanley (C.D. Cal. 2020). · cites it 2× “¶¶ 55– 27 28 6 In light of the Court’s determination, Defendants’ remaining arguments concerning immunity under California Government Code sections 820.6, 821.”
Genthner v. City of Fresno CA5 (Cal. Ct. App. 2016). “3 and plaintiff does not allege how the City owed her a mandatory duty under section 815.6. Plaintiff also cites to various other statutes and cases, none of which impose a duty upon the City based on the allegations in this case.”
Towery v. State of California (Cal. Ct. App. 2017). “In O’Toole, the court held that the specific immunity provided by Government Code section 820.6 for good faith conduct under the apparent authority of an unconstitutional enactment precluded a claim against community college law enforcement officers.”
Towery v. State of California (Cal. Ct. App. 2017). “In O’Toole, the court held that the specific immunity provided by Government Code section 820.6 for good faith conduct under the apparent authority of an unconstitutional enactment precluded a claim against community college law enforcement officers.”
Carcamo v. L.A. Cnty. Sheriff's Dept. (Cal. Ct. App. 2021). “” (Gov. Code, § 820.6; see generally Gov. Code, § 820.”
Fajardo v. City of Bakersfield (E.D. Cal. 2022). “10 Gov. Code § 820.6 11 Heck v. Humphrey 12 Defendants contend that the Plaintiff’s claims are barred under Heck v.”
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