What is the test for bringing a claim against a public employee or former public employee?

California, United States of America


The following excerpt is from Julian v. City of San Diego, 183 Cal.App.3d 169, 229 Cal.Rptr. 664 (Cal. App. 1986):

"Pursuant to Government Code section 945.6, a suit against a public entity on a cause of action for which a claim is required to be filed must be commenced within six months of service of notice of rejection of the claim. Presentation of a claim against a public employee or former public employee for injury resulting from an act or omission in the scope of his public employment is not a prerequisite to the maintenance of an action against the employee, but presentation of a claim against the employing public entity is a prerequisite to bringing such an action. ( 911.2, 945.4, 950, 950.2.) Section 945.6 requires an action against the employee to be commenced within the time prescribed for bringing an action against the public entity. ( 950.2, 950.6.)" (Olden v. Hatchell, supra, 154 Cal.App.3d at p. 1034, 201 Cal.Rptr. 715, emphasis added, fn. omitted.)

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