Now there is a phrase that makes a whole lot of sense. Especially in today's world where the letter of the law and personal and business ethics take a back seat to the quest for money, riches and obscene profits. Profits off the backs of good people! Especially in government, whether it be local, state or federal. Too much power is given to government agencies where it is used for the wrong reasons, against public policy, against the public good, against the entire moral fiber of our being.

A classic example of this adage might be California Government Code, Section 821.6 which states:

821.6. A public employee is not liable for injury caused by his instituting or prosecuting any judicial or administrative proceeding within the scope of his employment, even if he acts maliciously and without probable cause.

"Even if he acts maliciously and without probable cause" Now that is one downright scary thought at best! But what happens if one day an employee of one of these governmental entities decides it's YOUR day to have your life turned upside down and ruined. What civil remedy or recourse do you as a citizen have to hold those in government accountable for their actions, especially if their actions have malicious intent? What if you are an employee of one of these entities and it's a co-worker using this power to "get even" with you? That half of the statute ONLY exists to allow public entities to commit criminal acts against their employees and should be removed as it serves no lawful purpose!

Such is the dilemma of one of the nicest, sweetest and honest ladies you would ever want to meet, Mrs. Anita Blick, a mid-fifties gray-haired grandma and former dispatcher for the Township of Atherton Police Department, a career public service employee. She's almost $200,000 in debt; having mortgaged her family home to pay for the cost of defending herself against the totally baseless insurance fraud charges that were brought against her by her employer, the Township of Atherton.

Anita injured herself at work while running to answer the 911 Emergency phone which by department policy was supposed to be answered within 3 rings! She required surgery on her damaged knee which the town never disputed. During the healing process it was discovered that the city and their insurer, Cities Group (A Joint Powers Authority), had violated her rights by not notifying her about her rights to vocational rehabilitation and it was also discovered that they were not paying her the proper amount of Temporary Disability as required by law. Her attorney brought it to the attention of the court.

At a Workers Compensation hearing, the judge found in her favor and penalized the insurer for their legal indiscretions which they promptly appealed to the Appeals Court where it was turned down and then to the State Supreme Court where it was again turned down. Within 30 days of this final decision, she was arrested on 10 counts of insurance fraud.

Sounds like the town and their insurers were unhappy losers! But wait the story doesn't end here, it just gets progressively worse! After a kangaroo court of a trial, where Mrs. Blick's constitutional rights were violated on a wholesale basis, she was convicted not of insurance fraud, but an innocuous hook, a section of the Penal Code which District Attorneys use when everything else fails and she was sentenced to 60 days in jail which she spent in solitary confinement in San Mateo County jail. No community service or work furlough for this high-risk public enemy #1!

Fortunately she was able to mortgage her home to get the money to mount an appeal. The 3rd District Court of Appeals was unanimous in vacating the judgment of the San Mateo County Superior Court stating that the judge had improperly instructed the jury, and furthermore they ruled that she never had specifically intended to commit fraud against her employer.

So what legal recourse does this fine lady have to regain some of her integrity back? Her good name has been dragged thru the mud. The newspapers have labeled her a convicted felon! (Strangely enough, when the judgment was vacated, there was no mention of that in these same newspapers) She has been put thru a mental torture that you wouldn't want your worst enemy to endure.

Will those parties responsible be able to hide behind the immunity umbrella of California Government Code, Section 821.6, or will they be held accountable for their criminal acts? This story is just starting to play out. Stay tuned...

Why did they commit these unspeakable acts against her? Could it possibly have to do with the fact that the District Attorneys receive grant money from the Department of Insurance to fight fraud when county DA's can produce successful convictions? Were they running short of victims? Mrs. Blick is not the first victim of a municipality or township using this statute to hide behind, and she won't be the last until it is modified to exclude unlawful conduct.

And what happens to District Attorneys who go down the road of fraud purportedly to get money to fight fraud. That doesn't make any sense either! Definitely too much power in their hands. It's time to change the laws and hold these folks accountable for their actions. The laws simply aren't doing the job that they were intended to do! They're being misused against the public good!

Ask yourself, what public value is there in allowing public servants an umbrella of immunity to act maliciously and without probable cause against others? It's time that this immunity clause be removed from the Government code as it only serves those with criminal intent!

If we don't change this now, you could be the next Anita Blick!