Can a police officer be held liable for personal injury and property damage sustained by an individual as a result of his failure to arrest and detain him?

In Stang v. City of Mill Valley, 38 Cal.2d 486, 240 P.2d 980, it was held that there was no liability imposed on a city, the city manager or fire chief for failure to provide sufficient water for effective fire control. It likewise held that the 'Failure of a governmental function involves the denial of a benefit owing to the community as a whole, but it does not constitute a wrong or injury to a member thereof so as to give rise to a right of individual redress, which right must be predicated on the violation of a duty of care owed to the injured party.' It is true that the pleading here under consideration does not necessarily involve the question of immunity but it does involve the question of an omission to perform a legal duty, and many cited authorities herein relied upon may be distinguished on this ground. As we construe the pleadings, plaintiffs' cause of action is founded upon the premise that when a police officer has knowledge that a member of society has formed the intention of committing a crime (i. e. knew that such person intended to drive and operate an automobile upon the public highways in an intoxicated condition at some future time), then for failure to make an arrest and detain such person, the officer becomes liable to all individuals for personal injury and property damage caused by this subsequent[178 Cal.App.2d 116] criminal act, and the failure to so arrest and detain him may be negligence on the part of the police officer. We find no support for this general proposition of law, either at common law, by statute or under the California decisions. It was held in Annala v. McLeod, 122 Mont. 498, 206 P.2d 811, 813, in an action against the sheriff for damages sustained by an individual through riot or mob action, no liability existed for his failure or neglect to carry out his duties; that under common law the sheriff 'is the conservator of the public peace and is not liable for an injury to person or property of an individual occasioned from riotous assembly or mob, unless made so by Constitution or statute.'