Mattson

Plaintiff John Otto Mattson (plaintiff) appeals from a judgment of dismissal following the court’s sustaining demurrers by the defendants, City of Costa Mesa (City) and two police officers in its employ.

Defendants Poling and Kent, police officers employed by the City, made a warrantless arrest of the plaintiff outside of his house around midnight on June 26, 1976. Plaintiff was taken to the Costa Mesa police station, where he was charged with three misdemeanors: public drunkenness, resisting arrest and disturbing the peace. He was released early the following morning. Eventually, the charges against him were dismissed for failure to prosecute. The actions of the officers and plaintiff, respectively, are in dispute as are the questions of probable cause for plaintiff’s arrest, the officers’ use of excessive force, and their negligence in their arrest and subsequent treatment of plaintiff.

On September 29, 1976, plaintiff presented to City a claim alleging that as a result of the arrest he had suffered $576,797.12 damages. The claim was rejected, and on February 8, 1977, the plaintiff filed a civil action against Poling, Kent and the City in the United States District…