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Immunity

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Section 230 of the Communications Decency Act (47 USC 230(c)(2)) grants immunity from liability to an interactive service provider for providing the means of restricting access to materials that are of a violent or sexual nature or is “otherwise objectionable.” This decision holds that "otherwise objectionable" is not broad enough to encompass software that is objectionable only because it is… Read More

A governmental entity is immune from suit for the conduct of its employees or agents which could constitute a tort only if done by the governmental entity itself, in this case an abuse of process suit based on its employees and agents allegedly misuse of discovery in a civil action to audit the plaintiff's records for unclaimed property. Read More

Defendant city government is immune from liability for accidents caused by police vehicular pursuits if it has promulgated a suitable written pursuit policy and requires annual training and certification by all officers that they have received, read, and understood the policy; the officers need not have actually signed the required certifications. Read More

In order to claim design immunity, a public entity does not need to show that the employee who approved the challenged design actually considered the safety feature that plaintiff claims should have been included in the design and then omitted it; rather it only needs to show substantial evidence supporting the design’s reasonableness. Read More

Under the Government Code’s “trail immunity” provision, the City of Pasadena was immune from plaintiff’s negligence claims after he slid over an unguarded ten-foot retaining wall while trying to reach a pedestrian trail in the middle of the night. Read More

Defendant city government is immune from liability for accidents caused by police vehicular pursuits if it has promulgated a suitable written pursuit policy and requires annual training and certification by all officers that they have received, read, and understood the policy, even if not all the officers actually sign the required certifications.   Read More

Although government entities are immunized from liability for injuries caused by the natural condition of any unimproved public property, a campground counts as an improvement; so child could sue county after he was injured by a  falling tree at a county-owned campsite.   Read More

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