Legal Opinion
McGowan v. City of San Diego
California Court of Appeal
Decided March 14, 1989No. D007488PublishedCited by 16 opinions
1Opinion of the Court
Opinion
NARES, J.
William C. McGowan, Jr., plaintiff and appellant, sought money damages for false arrest, false imprisonment and assault and battery from the City of San Diego and Steven Higuera, defendants and respondents. The trial court granted a motion for summary judgment in favor of respondents. McGowan appeals. We reverse, concluding collateral estoppel does not entirely bar McGowan’s civil complaint.
Factual and Procedural History
On May 13, 1985, at approximately 11 p.m., San Diego Police Officer Steven Higuera observed a car being erratically driven by McGowan. Higuera pulled McGowan…
2Cases cited14 opinions
- Schmerber v. CaliforniaSupreme Court of the United States · 1966
- Allen v. McCurrySupreme Court of the United States · 1980
- Parklane Hosiery Co. v. ShoreSupreme Court of the United States · 1979
- Galloway v. United StatesSupreme Court of the United States · 1943
- People v. SimsCalifornia Supreme Court · 1982
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3Cited by16 opinions
- Ayers v. City of RichmondCourt of Appeals for the Ninth Circuit · 1990
- Robert LOMBARDI, Plaintiff-Appellant, v. CITY OF EL CAJON; Steven Shakowski; Does 1 Through 30, Inclusive, Defendants-AppelleesCourt of Appeals for the Ninth Circuit · 1997
- Ewing v. Superior CourtDistrict Court, S.D. California · 2015
- Lincoln National Life Insurance v. State Board of EqualizationCalifornia Court of Appeal · 1994
- Kerley v. Weber, California Court of Appeal, 5th District2018
11 more not listed; retrieve them via the Exa API.