California Civil Jury Instructions (CACI) (2017)

1503. Public Entities and Employees (Gov. Code, § 821.6)

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1503.Public Entities and Employees (Gov. Code, § 821.6)
[Name of defendant] claims that [he/she] cannot be held responsible for
[name of plaintiff]’s harm, if any, because [he/she] was a public employee
acting within the scope of [his/her] employment. To establish this
defense, [name of defendant] must prove that [he/she] was acting within
the scope of [his/her] employment.
New September 2003; Renumbered from CACI No. 1506 June 2013
Directions for Use
For an instruction on scope of employment, see CACI No. 3720, Scope of
Employment, in the Vicarious Responsibility series.
Sources and Authority
• Public Employee Immunity. Government Code section 821.6.
• In Tur v. City of Los Angeles (1996) 51 Cal.App.4th 897, 904 [59 Cal.Rptr.2d
470], the court concluded that “the failure to instruct under section 821.6 was
prejudicial error.” The court observed that “[d]efendants did not enjoy an
unqualified immunity from suit. Their immunity would have depended on their
proving by a preponderance of the evidence [that] they were acting within the
scope of their employment in doing the acts alleged to constitute malicious
prosecution.” (Ibid.)
Secondary Sources
5 Witkin, Summary of California Law (10th ed. 2005) Torts, § 368
4Levy et al., California Torts, Ch. 43, Malicious Prosecution and Abuse of
Process, § 43.06 (Matthew Bender)
31 California Forms of Pleading and Practice, Ch. 357, Malicious Prosecution and
Abuse of Process, § 357.23 (Matthew Bender)
14 California Points and Authorities, Ch. 147, Malicious Prosecution and Abuse of
Process, § 147.31 (Matthew Bender)
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