McKay

In this case we hold there is no false arrest governmental immunity for a public employee who maliciously arrests and imprisons another by personally serving an arrest warrant issued solely on information deliberately falsified by the arresting officer himself. We reverse judgments on the pleadings alleging false imprisonment in favor of the public employee and employer, County of San Diego (County), and as to punitive damages for such false imprisonment against the employee individually.

We deem all material facts alleged in the amended complaint admitted for the purpose of our review (Hospital Council of Northern Cal. v. Superior Court (1973) 30 Cal.App.3d 331, 337-338 [ 106 Cal.Rptr. 247 ]) and examine them to determine if the complaint states a cause of action. (Welshans v. City of Santa Barbara (1962) 205 Cal.App.2d 304 [ 23 Cal.Rptr. 108 ].)

The pleadings allege Richard Cole, an investigator for the District Attorney of San Diego County, acting in the course and scope of his employment, agreed with Paul Roberts to fabricate a false document to submit to the court, along with other information Cole knew to be false, solely to permit Cole to arrest Gary McKay and…