Higginbotham

Higginbotham v. King

Good Law
1997 Cal. App. LEXIS 336·54 Cal. App. 4th 1040·63 Cal. Rptr. 2d 114·97 Daily Journal DAR 5563·97 Cal. Daily Op. Serv. 3168
Court of Appeal of CaliforniaApril 14, 1997B099406California2,029 words

Opinion

Opinion

Yegan, J.

Robert W. Higginbotham appeals from a judgment dismissing his civil rights complaint ( 42 U.S.C. § 1983 ) after the trial court ruled that it failed to state a cause of action. We affirm. Appellant has failed to demonstrate that the complaint can be amended to allege a cognizable damage. (WMX Technologies, Inc. v. Miller (9th Cir. 1996) 80 F.3d 1315, 1319-1320 .)

Facts

On September 2, 1992, the San Luis Obispo Narcotics Task Force arrested appellant, a prominent eye surgeon, for cultivating marijuana. (Health & Saf. Code, § 11358.) After appellant was booked, Narcotics Task Force Officer Paul King made a statement to the news media that appeared in the Telegram-Tribune, a local newspaper.

On August 17, 1993, a jury convicted appellant of marijuana cultivation following an 11-week trial. (Health & Saf. Code, § 11358.) Appellant appealed the conviction and filed the instant action against respondents, King and the State of California, seeking damages under the Civil Rights Act of 1871. ( 42 U.S.C. § 1983 .) The complaint alleged that King’s statements “were all false and in a community the size of San Luis Obispo created an immediate impression of guilt for the crime for…

Sign in to read the full opinion

Create a free account to read the complete opinion text, citation history, and good-law status for this case.