Leader

Defendants and appellants, the State of California (State), and California Highway Patrol (CHP) Officer Grantley Vaughn (Vaughn) appeal from a judgment in favor of plaintiff and respondent, Terry Lee Leader (Leader).

Because due process requirements were met at the time of Leader’s prior misdemeanor criminal convictions, he is collaterally estopped to deny he battered an officer and resisted arrest in his civil cause of action. Therefore, he is limited in the civil case to litigating the issue of whether the officers used unreasonable force in the course of his arrest.

Also, the misdemeanor convictions are admissible under Evidence Code section 780, subdivision (i) (section 780, subdivision (i)) to prove the nonexistence of the contrary facts to which Leader testified in the civil case.

Therefore, the judgment is reversed.

Procedural and Factual Background

On February 5, 1978, Leader was stopped in the Saugus area for investigation as to whether he was driving under the influence by Vaughn and CHP Officer Bavetta (Bavetta), and was subsequently arrested. On February 6, 1978, a criminal complaint with four counts was filed against Leader. A three-day jury trial held…