McCutchen

While on Christmas leave from the United States Army, plaintiff Thomas McCutchen was jail on the charge of rape with a foreign object. However, the prosecution on its own motion dismissed charges against him before the case went to trial. Upon his release from confinement, plaintiff filed a complaint against, inter alla, the complaining witness Tracy G. (hereafter, the complaining witness), arresting police officer Ron Pipersky, the City of Montclair (hereafter City), and the County of San Bernardino (hereafter, County). His complaint included claims for (1) violation of civil rights under 42 United States Code section 1983 ; (2) false arrest; (3) negligence; (4) negligent employment, training, and supervision; (5) intentional infliction of emotional distress; and (6) defamation. The trial court denied defendants’ motion for judgment on the pleadings but later granted defendants’ motion for summary judgment on all causes of action, and plaintiff appealed. Defendants then cross-appealed.

arrested and spent nearly four months in

As we explain below, we conclude that the trial court was correct in denying defendants’ motion for judgment on the pleadings. However, we also…