Baranchik v. Fizulich

Plaintiffs Phillip Baranchik and Eric Baranchik filed suit under 42 U.S.C. 1983, alleging, among other things, claims of excessive force, false arrest, and malicious persecution. The trial court subsequently granted a motion to strike Eric's malicious prosecution claim, denied a motion to reinstate the claim, and granted summary adjudication in favor of defendants on Eric's excessive force claim and Phillip's false arrest claim. The court concluded that the undisputed facts were sufficient to support the legal conclusion that Officer Fizulich had a reasonable basis to believe that Phillip was intoxicated and unable to care for the safety of others, in violation of Penal Code section 647, subdivision (f); the court rejected Eric's contention that the trial court erroneously concluded his excessive force claims against Officer Ho were barred under Heck v. Humphrey; Eric's civil claim for excessive force was barred under Heck because the criminal jury necessarily found Officer Ho's conduct to be lawful and not an unreasonable use of force; because Officer Ho fired his taser when Eric was ignoring commands to stay back, the actions were part of a continuous interaction and the Heck bar applies; dismissal under section 1203.4 does not invalidate Eric's conviction; and the court rejected Eric's malicious prosecution claim. Accordingly, the court affirmed the judgment. View "Baranchik v. Fizulich" on Justia Law