Immunity From Civil Liability For Law Enforcement Officers and Agencies

• V.C. § 17004 and Immunity from Civil Liability by a Law Enforcement Officer
• Gov’t. Code § 821.6 and a Law Enforcement Agency’s Civil Immunity
• V.C. § 17001 and Immunity from Civil Liability by a Law Enforcement Agency

(1) V.C. § 17004 provides a public employee with protection from civil liability for causing injury, death, or damage to property, when the employee uses an emergency vehicle while responding to an emergency call. 

2)  Pursuant to V.C. § 17001, a public entity is civilly liable for death or injury to a person or property proximately caused by a negligent or wrongful act or omission in the operation of a motor vehicle by an employee of the public entity acting within the scope of his or her employment.

In the early (3:37 a.m.) morning of October 14, 2019, Danuka Neshantha Silva was riding with another passenger in the back seat of an Uber (rideshare) vehicle driven by Muhammad Ragowo Reiditio.  While on U.S. Highway 101 (a Southern California freeway) near Encino, Silva and the other passenger apparently began to argue.  Reiditio didn’t like what was going on, so, after calling the California Highway Patrol, he stopped his car in the “number one (fast) lane” of the freeway and demanded that Silva and the other passenger get out of his car.  Reiditio refused to drive onto the shoulder of the freeway or to an exit ramp, necessitating Silva and the other passenger to disembark in the middle of the freeway’s traffic lanes.  Despite other CHP officers responding to Reiditio’s call, CHP Sgt. ....