SECTIONS 950-951 - California Statutes

GOVERNMENT CODE

SECTION 950-951

950. Except as otherwise provided in this chapter, a claim need not
be presented as a prerequisite to the maintenance of an action
against a public employee or former public employee for injury
resulting from an act or omission in the scope of his employment as a
public employee.

950.2. Except as provided in Section 950.4, a cause of action
against a public employee or former public employee for injury
resulting from an act or omission in the scope of his employment as a
public employee is barred if an action against the employing public
entity for such injury is barred under Part 3 (commencing with
Section 900) of this division or under Chapter 2 (commencing with
Section 945) of Part 4 of this division. This section is applicable
even though the public entity is immune from liability for the
injury.

950.4. A cause of action against a public employee or former public
employee is not barred by Section 950.2 if the plaintiff pleads and
proves that he did not know or have reason to know, within the period
for the presentation of a claim to the employing public entity as a
condition to maintaining an action for such injury against the
employing public entity, as that period is prescribed by Section
911.2 or by such other claims procedure as may be applicable, that
the injury was caused by an act or omission of the public entity or
by an act or omission of an employee of the public entity in the
scope of his employment as a public employee.

950.6. When a written claim for money or damages for injury has
been presented to the employing public entity:
(a) A cause of action for such injury may not be maintained
against the public employee or former public employee whose act or
omission caused such injury until the claim has been rejected, or has
been deemed to have been rejected, in whole or in part by the public
entity.
(b) A suit against the public employee or former public employee
for such injury must be commenced within the time prescribed by
Section 945.6 for bringing an action against the public entity.
(c) When a person is unable to commence the suit within the time
prescribed in subdivision (b) because he has been sentenced to
imprisonment in a state prison, the time limited for the commencement
of such suit is extended to six months after the date that the civil
right to commence such action is restored to such person, except
that the time shall not be extended if the public employee or former
public employee establishes that the plaintiff failed to make a
reasonable effort to commence the suit, or to obtain a restoration of
his civil right to do so, before the expiration of the time
prescribed in subdivision (b).

950.8. Any provision of a charter, ordinance or regulation
heretofore or hereafter adopted by a local public entity which
requires the presentation of a claim as a prerequisite to the
maintenance of an action against a public employee to enforce his
personal liability is invalid.

951. Notwithstanding Section 425.10 of the Code of Civil Procedure,
any complaint for damages in any civil action brought against a
publicly elected or appointed state or local officer, in his or her
individual capacity, where the alleged injury is proximately caused
by the officer acting under color of law, shall allege with
particularity sufficient material facts to establish the individual
liability of the publicly elected or appointed state or local officer
and the plaintiff's right to recover therefrom.