Susag

It is established that a person convicted of resisting or obstructing a peace officer (Pen. Code, § 148, subd. (a)) may not maintain an action for the violation of federal civil rights ( 42 U.S.C. § 1983 (section 1983)) based on the officers’ conduct during the arrest, unless the conviction has been set aside through appeal or other postconviction proceeding. We hold here that for public policy reasons, relief from a conviction under Penal Code section 148, subdivision (a) is also a prerequisite of state law battery and related claims arising from the alleged use of excessive force during the arrest. Accordingly, we affirm the judgment for the defendants on plaintiff Cory Susag’s claims. We also affirm the judgment certain defendants obtained on plaintiff Richard Susag’s section 1983 and related state law counts, on the ground they had no physical contact with him, and on plaintiff Carol Susag’s loss of consortium claim.

Factual and Procedural Background

The Susags operate an auto body shop in the City of Lake Forest (the City). On May 5, 1998, Christopher Thompson, a deputy sheriff for the County of Orange (the County), noticed that a car parked near the auto body shop…