What are the elements of a claim for damages against the Director of Agriculture and other state officers?

California, United States of America


The following excerpt is from Barnard v. Municipal Court of City and County of San Francisco, 142 Cal.App.2d 324, 298 P.2d 679 (Cal. App. 1956):

There is nothing in the authorities cited by petitioner contrary to our holding herein. Boland v. Cecil, 65 Cal.App.2d Supp. 832, 150 P.2d 819, dealt with an action brought against the Director of Agriculture and other state officers for a return of meat wrongfully taken and withheld by those officers. The trial court gave judgment for the return of the meat, damages for its retention and in the alternative in case the meat could not be returned, damages for the value [142 Cal.App.2d 329] thereof. The reviewing court held that so far as both elements of damages were concerned an action against state officers was in effect an action against the state itself, and the state's immmunity to such an action because of its sovereignty also applied to its officers, and hence that portion of the action would not lie. However, the court held that the action did lie for the return of the meat and affirmed that portion of the judgment.

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