GILLAN v.CITY OF SAN MARINO Part II
Accusations of sexual molestation by former high school athlete against coach did not establish probable cause for arrest where some of accuser's statements were generalized and not specific as to time, date, or other details; other accusations concerning more specific events either lacked sufficient detail or were inconsistent with respect to what coach allegedly did or where he did it; recorded conversations between accuser and coach consisted of her accusations and his vehement denials and statements of disbelief; school vice principal told police that she and others at school did not believe the accusations; and accuser acknowledged that she disapproved of how coach treated her as a player. Police officers and their employer were immune from liability for defamation or intentional infliction of emotional distress in connection with public statements and statements made in press releases where such statements were calculated to alert public that police were seeking information about possible criminal conduct and were thus within scope of investigation. Neither investigative immunity nor discretionary function immunity extends to a claim that plaintiff was arrested without probable cause in violation of civil rights protected under Civil Code Sec. 52.1. Erroneous jury instructions on defamation and intentional infliction of emotional distress, for which defendants were immune by statute, were prejudicial where it appeared likely from the arguments of counsel and the size of the award that the jury based its award of damages for past and future losses in large part on injuries to reputation, earning capacity, and emotional well being resulting from the defamatory statements. Defendants' failure to request that verdict segregate damages by cause of action did not waive claim of excessive damages where verdict exceeded maximum that a properly instructed jury would have reasonably awarded on the sole cause of action for which defendants were properly held liable.
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