In Kon v. City of Los Angeles, published June 1, 2020, the Second District Court of Appeal, Division 8 reversed an order dismissing the plaintiff's suit. The plaintiff alleged that a police officer accused him of speeding, tackled the plaintiff while he was on the phone, put his knee in the plaintiff's back while the plaintiff was down, hit the plaintiff, and handcuffed him. The officer alleged that the plaintiff was speeding, refused to provide his driver's license, insurance, and registration, pulled away from the officer's handcuffs and resisted arrest, and required subduing. The plaintiff was charged with resisting arrest. He pleaded guilty to disturbing the peace. He then sued the officer for using excessive force. He asserted causes of action under Civil Code section 52.1, assault, battery, and negligence. The trial court dismissed the action because it concluded the allegation of resisting arrest barred his action.
The appellate court ruled the trial court erred. Under Yount v. City of Sacramento (2008) 43 Cal.4th 885, a criminal conviction bars a subsequent civil suit arising out of the same incident if the allegations in the suit are inconsistent with the conviction. This rule serves the goals of finality and consistency. Here, the civil suit is about whether the defendant officer used excessive force. The criminal case did not address or resolve that issue. The civil suit therefore is not inconsistent with the conviction. The civil suit may proceed.
Leave a Reply