California Codes

Cal. Government Code § 820.8 (2026)

✓ current as of May 2026

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Except as otherwise provided by statute, a public employee is not liable for an injury caused by the act or omission of another person. Nothing in this section exonerates a public employee from liability for injury proximately caused by his own negligent or wrongful act or omission.

Notes of Decisions

Cited in 61 cases (29 in the last 5 years), 1970–2025 · leading case: Sanchez v. City of Fresno, 914 F. Supp. 2d 1079 (E.D. Cal. 2012).

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Sanchez v. City of Fresno, 914 F. Supp. 2d 1079 (E.D. Cal. 2012). · cites it 3× “As to California Government Code § 820.8, which provides “a public employee is not liable for injury caused by the act or omission of another person,” the FAC does not suggest such liability.”

Est. of Osuna v. Cnty. of Stanislaus, 392 F. Supp. 3d 1162 (E.D. Cal. 2019). “Defendants argue in the alternative that even if Article I, Section 13 of the California Constitution does provide a private right of action, Sheriff Christianson is immune from liability pursuant to California Government Code § 820.8. (Doc.”

Catsouras v. Dep't of California High. Patrol, 38 Media L. Rep. (BNA) 1708 (Cal. Ct. App. 2010). · cites it 2× “Introduction (2) Government Code section 820 states: "(a) Except as otherwise provided by statute .”

Walsh v. Tehachapi Unified Sch. Dist., 827 F. Supp. 2d 1107 (E.D. Cal. 2011). · cites it 2× “2(a) (a public entity is vicariously liable for injuries caused by the acts of its employees), but GRANTED with leave to amend as to Swanson, see Cal. Gov.Code § 820.8 (a public employee is not vicariously liable for injuries that are caused by the acts of another person).”

Megargee v. Wittman, 550 F. Supp. 2d 1190 (E.D. Cal. 2008). · cites it 2× “Sheriff Wittman challenges his alleged supervisory liability in that under California Government Code section 820.8, generally “a public employee is not liable for an injury by the act or omission of another person.”

Null v. City of Los Angeles, 206 Cal. App. 3d 1528 (Cal. Ct. App. 1988). “” 5 Government Code section 820.8 provides: “Except as otherwise provided by statute, a public employee is not liable for an injury caused by the act or omission of another person.”

Cnty. of Los Angeles v. Superior Court, 181 Cal. App. 4th 218 (Cal. Ct. App. 2010). “” 8 Government Code section 820.8 reads: “Except as otherwise provided by statute, a public employee is not liable for an injury caused by the act or omission of another person.”

Guzman v. Cnty. of Monterey, 178 Cal. App. 4th 983 (Cal. Ct. App. 2009). · cites it 2× “Government Code section 820.8, which provides that a public employee “is not liable for an injury caused by the act or omission of another person” is inapplicable because the injury is alleged to have been caused by the public employee’s negligence.”

Rodriguez v. Cnty. of Los Angeles, 96 F. Supp. 3d 990 (C.D. Cal. 2014). · cites it 2× “The statute further states that “[njothing in this section exonerates a public employee from liability for injury proximately caused by his own negligent or wrongful act or omission.” Id. Defendants argue that the Supervisory Defendants (Blasnek, Cruz, McGrattan, Onhemus, and…”

Connelly v. State of California, 3 Cal. App. 3d 744 (Cal. Ct. App. 1970). · cites it 2× “113 ]; Gov. Code, § 820.8.) There being no statute or regulation requiring it, he could not have compelled appellants to make weather nor flood forecasts, nor could he demand he be furnished respondents' information concerning predicted flood levels.”

Bocanegra v. Jakubowski, 241 Cal. App. 4th 848 (Cal. Ct. App. 2015). “Accordingly, Government Code section 820.8 did not apply.”

McKay v. City of Hayward, 949 F. Supp. 2d 971 (N.D. Cal. 2013). “Likewise, the failure to intervene in another officer’s use of excessive force is in independent omission, and not a claim immunized by California Government Code § 820.8. Radwan v.”

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