McGowan

William C. McGowan, Jr., plaintiff and appellant, sought money damages for false arrest, false imprisonment and assault and battery from the City of San Diego and Steven Higuera, defendants and respondents. The trial court granted a motion for summary judgment in favor of respondents. McGowan appeals. We reverse, concluding collateral estoppel does not entirely bar McGowan’s civil complaint.

Factual and Procedural History

On May 13, 1985, at approximately 11 p.m., San Diego Police Officer Steven Higuera observed a car being erratically driven by McGowan. Higuera pulled McGowan over and administered a field sobriety test, which McGowan failed. McGowan was placed under arrest for driving under the influence of alcohol (Veh. Code, §23152, subds. (a) and (b)). McGowan was transported to the central jail where he chose to take a breath test. He was unable to complete the breath test, claiming a respiratory disability. McGowan contends he was not offered the choice of submitting to a urine test. A blood sample was taken from McGowan by technician Pat Hess, although McGowan strenuously objected to this procedure because of his fear of hypodermic needles. McGowan had to be…