O'TOOLE

Plaintiffs brought an action against the San Diego Community College District (District) and several law enforcement officers employed by the District, alleging defendants violated plaintiffs’ constitutional rights of free speech and assembly by requiring them to obtain a permit before speaking and distributing literature concerning their opposition to abortion. Plaintiffs requested declaratory relief, and sought monetary damages under the Bane Act (Civ. Code, § 52.1) and under the statute imposing governmental liability for breach of a mandatory duty (Gov. Code, § 815.6). One of the plaintiffs (O’Toole) also asserted a false arrest claim. The parties filed cross-summary judgment motions. After the court denied these motions, plaintiffs and defendants each challenged the order by petitioning for a writ of mandate in this court. We consolidated these petitions, and issued an order to show cause.

We conclude the trial court properly denied plaintiffs’ summary judgment motion, but should have granted defendants’ motion. The undisputed facts show defendants are entitled to statutory immunity under section 820.6, which provides a public employee is not liable for enforcing an…