Pearson v. Reed

In Pearson v. Reed (1935) 6 Cal.App.2d 277 44 P.2d 592, the court held a city prosecutor not liable in a civil action for damages sustained through prosecution of a criminal action maintained by him with malice and without probable cause. In reaching its conclusion the court stated: "No policy has been declared and maintained more firmly than the one which preserves the independence and freedom of action of judicial and quasi-judicial officers acting in official capacity. The exemption runs as to liability for damages resulting from official acts, although they be done without probable cause and with malice." ( Id. at p. 280.)