Civil Litigation,
Criminal,
California Supreme Court,
9th U.S. Circuit Court of Appeals
Mar. 26, 2018
Preliminary hearings and issue preclusion
Does a finding of probable cause in a preliminary hearing preclude a subsequent false arrest claim? Courts are split.
The legal issue in Patterson v. City of Yuba City, 2018 DJDAR 2153 (9th Cir. 2018), is if a finding of probable cause in a preliminary hearing precludes a subsequent false arrest claim? The case involves the collateral estoppel effect of a finding of probable cause in a preliminary hearing in a subsequent civil suit for 42 U.S.C. Section 1983, false arrest and imprisonment, and intentional infliction of emotional distress claims.
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