Conway
Conway v. County of Tuolumne
Opinion
Opinion
Oliver, J.
In an unsuccessful attempt to apprehend George P. Conway’s adult son, Donald Conway, who reportedly had fired shots at George, officers from defendant County of Tuolumne (County) fired a tear gas canister into George’s mobilehome. Donald was not inside but was apprehended later. George brought suit against the County for damage to his mobilehome caused by the tear gas, alleging negligence, trespass, nuisance, and strict liability for an ultrahazardous activity. The trial court granted the County’s motion for summary judgment, finding the County immune under Government Code section 820.2, which provides immunity for discretionary acts of County employees. George appeals, contending the trial court erred in finding the County immune from liability for any of his claims. We conclude that, under the facts and circumstances of this case, and based on the applicable law, County is immune from liability for the conduct of its officers. Accordingly, we affirm the judgment.
FACTS AND PROCEDURAL HISTORY
In May 2011, George was living with Donald in a mobilehome at 15970 Hidden Valley Road in Sonora (the 15970 house). On May 24, 2011, George was moving into his new home — a…