SUSAG v. CITY OF LAKE FOREST

No. D038608.

115 Cal.Rptr.2d 269 (2002)

94 Cal.App.4th 1401

Richard SUSAG et al., Plaintiffs and Appellants, v. CITY OF LAKE FOREST et al., Defendants and Respondents.

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

Rehearing Denied February 5, 2002.

Review Denied April 10, 2002.


Attorney(s) appearing for the Case

Jeffrey S. Benice, Irvine, for Plaintiffs and Appellants.

Franscell, Strickland, Roberts & Lawrence and S. Frank Harrell, Santa Ana, for Defendants and Respondents.


McCONNELL, J.

It is established that a person convicted of resisting or obstructing a peace officer (Pen.Code, § 148, subd. (a)) may not maintain an action for the violation of federal civil rights (42 U.S.C. § 1983 (section 1983)) based on the officers' conduct during the arrest, unless the conviction has been set aside through appeal or other postconviction proceeding. We hold here that for public policy...

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