Tag Archives: California plaintiff’s lawyer
Can You Sue a Government Lawyer for Malpractice?
PROSECUTORS RECEIVE IMMUNITY FROM CERTAIN MALPRACTICE CLAIMS UNDER FEDERAL LAW A federal statute (42 USC § 1983) gives criminal prosecutors immunity for actions “intimately associated with the judicial phase of the criminal process.” In some situations, public defenders may also receive immunity for actions taken in connection with defending their clients at trial. Further, federal prosecutors receive… Read More »
Proving Malice in Malicious Prosecution, Part 2
Malicious prosecution involves the wrongful (malicious) institution of a legal action, without probable cause, in an attempt to use the justice system for something other than its intended function. A normal lawsuit involves the attempt to redress a legally-recognized wrong, either by obtaining a judgment for damages, seeking declaratory relief, or other legally-permitted methods…. Read More »
What Do You (Need to) Know About Property Dangers?
“Foreseeability of harm” is a critical component of premises liability, and part of the foreseeability question involves the owner’s knowledge of dangerous conditions. Property owners* are not “insurers” of safety. They do not provide a blanket insurance or guarantee that visitors to the property they own or control will not suffer injury. However, where the… Read More »
