Bocanegra v. Jakubowski
241 Cal. App. 4th 848
Cal. Ct. App.2015Background
- Bocanegra was arrested on a warrant for a person with a similar name and repeatedly told authorities he was not the intended person.
- He provided his license, SSN, booking photos, and fingerprints to show the mismatch, but remained jailed for nine days.
- During confinement, Bocanegra was forcibly sodomized by another inmate allegedly in retaliation for his complaints.
- Jakubowski, a deputy district attorney, allegedly failed to determine Bocanegra’s true identity and to release him.
- The operative complaint asserted false imprisonment, assault and battery, intentional infliction of emotional distress, and negligence against Jakubowski; the trial court sustained his demurrer based on statutory immunities.
- The appellate court affirmed, holding Bocanegra adequately pleaded false imprisonment but that common law prosecutorial immunity, not statutory, required sustaining the demurrer for that claim.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Bocanegra adequately pleaded false imprisonment | Bocanegra alleged nonconsensual confinement despite exculpatory evidence | Jakubowski contends immunity bars the claim | Yes; Bocanegra adequately pleaded false imprisonment against Jakubowski |
| Whether Government Code 821.6 immunizes the false imprisonment claim | 821.6 should not apply to false imprisonment | 821.6 applies to prosecuting officers even for false imprisonment | 821.6 does not bar false imprisonment claim against Jakubowski |
| Whether common law prosecutorial immunity bars the false imprisonment claim | Immunity should not bar the false imprisonment claim; duty to release when exculpatory facts exist | Common law prosecutorial immunity bars such claims | Demurrer must be sustained on common law prosecutorial immunity grounds |
| Whether the demurrer was correctly sustained given statutory immunity; alternative grounds | Statutory immunity under Gov. Code 820.2, 820.8, 821.6 should be analyzed | Statutory immunities apply; common law immunity governs false imprisonment | Demurrer sustained; statutory immunities do not defeat the false imprisonment claim, but common law immunity does |
Key Cases Cited
- Sullivan v. County of Los Angeles, 12 Cal.3d 710 (Cal. 1974) (holds limitations on prosecutorial immunity for false imprisonment; discusses scope of 821.6 and duty to release)
- Jackson v. City of San Diego, 121 Cal.App.3d 579 (Cal. App. 1981) (distinguishes false imprisonment from malicious prosecution based on process or authority)
- Asgari v. City of Los Angeles, 15 Cal.4th 744 (Cal. 1997) (false imprisonment vs. malicious prosecution; duty to act under authority)
- Imbler v. Pachtman, 424 U.S. 409 (U.S. 1976) (establishes prosecutorial immunity in malicious prosecution context)
- Alicia T. v. County of Los Angeles, 222 Cal.App.3d 869 (Cal. App. 1990) (extends quasi-prosecutorial immunity to certain protective roles; false imprisonment context)
- Falls v. Superior Court, 42 Cal.App.4th 1031 (Cal. App. 1996) (prosecutorial immunity extends to official actions during judicial process)
- Hamilton v. City of San Diego, 217 Cal.App.3d 838 (Cal. App. 1990) (recognizes prosecutor’s duty related to arrest proceedings and false imprisonment analysis)