Legal Opinion
Susag v. City of Lake Forest
California Court of Appeal
Decided January 8, 2002No. D038608PublishedCited by 58 opinions
1Opinion of the Court
Opinion
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 reasons, relief from a conviction under Penal Code section 148, subdivision (a) is also a prerequisite of state law battery and related claims arising from the alleged use of…
2Cases cited37 opinions
- Harlow v. FitzgeraldSupreme Court of the United States · 1982
- Graham v. ConnorSupreme Court of the United States · 1989
- Heck v. HumphreySupreme Court of the United States · 1994
- Aguilar v. Atlantic Richfield Co.California Supreme Court · 2001
- Sheldon Appel Co. v. Albert & OlikerCalifornia Supreme Court · 1989
32 more not listed; retrieve them via the Exa API.
3Cited by58 opinions
- Smith v. City of HemetCourt of Appeals for the Ninth Circuit · 2005
- Kristy Beets v. County of Los AngelesCourt of Appeals for the Ninth Circuit · 2012
- Hooper v. County of San DiegoCourt of Appeals for the Ninth Circuit · 2011
- Munoz v. City of Union CityCalifornia Court of Appeal · 2004
- Yount v. City of SacramentoCalifornia Supreme Court · 2008
53 more not listed; retrieve them via the Exa API.