Lujano v. County of Santa Barbara, B218145

By FindLaw Staff on December 06, 2010 | Last updated on March 21, 2019

Minor's suit for false arrest and use of excessive force claim

Lujano v. County of Santa Barbara, B218145, concerned a challenge to the trial court's grant of defendants' motion for summary judgment, iIn a minor's suit, through her guardian ad litem, against the County of Santa Barbara and two county sheriff's deputies, claiming false arrest and use of excessive force.

In affirming the judgment, the court held that the plaintiff's acceptance of informal probation in resolving the juvenile court actions was not a "favorable termination" of that actions, and bars her claim for civil damages arising from her arrest.  The court also held that no triable issue of fact exists as to one of the police officers for excessive force as the officer did not participate in the arrest.

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