Blackburn

Plaintiffs David and Phyllis Blackburn filed an action based on malicious prosecution against defendants County of Los Angeles (County) and certain individual employees of the county department of public social services (DPSS), Dorothy Gentry, Mary Meyer, and Mildred Reed. The trial court sustained the County’s demurrer to plaintiffs’ amended complaint without leave to amend and dismissed the action as to the County.

The sole issue on appeal is the constitutionality of sections 815.2, subdivision (b), and 821.6 of the Government Code, which, in combined effect, immunize the County for liability for malicious prosecution.

Facts

Plaintiffs’ first amended complaint alleges that defendants Gentry, Meyer and Reed, employees of the DPSS, filed a criminal complaint report in January 1972 with the district attorney, accusing plaintiffs of grand theft. (Pen. Code, § 487, subd. 1.) Plaintiffs were arrested, detained, charged by information, arraigned, and held for a preliminary hearing. In March 1972 the charges were dismissed for lack of evidence indicating probable cause. In April 1972 defendants Gentry, Meyer and Reed filed the same criminal complaint with the district…