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Constitutional Law

Jan. 26, 2024

Upholding Constitutional rights over immunity in cases of intentional misconduct

Government Code section 844.6 raises significant constitutional concerns, especially in instances of intentional misconduct.

Douglas A. Rochen

Partner
Abir, Cohen, Treyzon & Salo LLP

Personal injury

16001 Ventura Blvd, Suite #200
Encino , CA 91436

Fax: (310) 407-7888

Email: drochen@actslaw.com

California Western School of Law

Douglas leads the firm's catastrophic injury practice group, which includes the areas of trucking accidents, wrongful death, product liability, sexual abuse, traumatic brain injury, paralysis, catastrophic orthopedic loss, amputation, mass tort disaster, sensory loss, civil rights, premises liability, and pharmaceutical litigation.

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The profound constitutional ramifications of Government Code section 844.6 places a significant burden on a particularly vulnerable group: prisoners, especially in instances of intentional misconduct by correctional officers, which stand in stark contradiction to the foundational tenets of constitutional and human rights law. Such broad immunities not only undermine the integrity and accountability essential in law enforcement, but also significantly erode the fundam...

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