Can a city maintain an action for malicious prosecution against a defendant who unsuccessfully sued the city for false imprisonment?

California, United States of America


The following excerpt is from Planned Protective Services, Inc. v. Gorton, 200 Cal.App.3d 1, 245 Cal.Rptr. 790 (Cal. App. 1988):

City of Long Beach v. Bozek (1982) 31 Cal.3d 527, 183 Cal.Rptr. 86, 645 P.2d 137 (judgment vacated and cause remanded (1983) 459 U.S. 1095, 103 S.Ct. 712, 74 L.Ed.2d 943, reiterated (1983) 33 Cal.3d 727, 190 Cal.Rptr. 918, 661 P.2d 1072) held a city may not maintain an action for malicious prosecution against a defendant who unsuccessfully sued the city for false imprisonment and other torts arising out of alleged police misconduct. Noting the city sought to recover costs of defense including attorney fees, the court pointed out section 1021.7 expanded the powers of trial courts to award attorney fees in actions involving peace officers, thus entitling cities to recover expenses incurred in defending baseless suits.

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