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McCUTCHEN v. CITY OF MONTCLAIR

No. E022025.

87 Cal.Rptr.2d 95 (1999)

73 Cal.App.4th 1138

Thomas McCUTCHEN, Plaintiff and Appellant, v. CITY OF MONTCLAIR et al., Defendants and Appellants.

Court of Appeals of California, Fourth District, Division Two.

July 29, 1999.

Attorney(s) appearing for the Case

Dennis V. Dalsimer, San Bernardino, for Plaintiff and Appellant.

Ferguson, Praet & Sherman, Steven A. Sherman, Santa Ana, and Larry J. Roberts, San Bernardino, for Defendants and Appellants.

Certified for Partial Publication.*

OPINION

McKINSTER, J.

While on Christmas leave from the U.S. Army, plaintiff Thomas McCutchen was arrested and spent nearly four months in jail on the charge of rape with a foreign object. However, the prosecution on its own motion dismissed charges against him before the case went to trial. Upon his release from confinement, plaintiff filed a complaint against, inter alia, the complaining...

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