Jetton

Defendants were dismissed from a federal civil rights suit on the day of trial. They then brought this malicious prosecution action against the unsuccessful plaintiffs, claiming the civil rights action was brought in bad faith and without probable cause. We must decide whether the malicious prosecution action is preempted by the provisions of the federal Civil Rights Act. We conclude that it is not, and reverse the judgment.

Factual and Procedural Summary

Since this case reaches us following the sustaining of a demurrer without leave to amend, we accept as true the factual allegations of the complaint. (See Thompson v. County of Alameda (1980) 27 Cal.3d 741, 746 [167 Cal.Rptr. 70, 614 P.2d 728 , 12 A.L.R.4th 701 ].) In November 1990, Anthony Jetton was injured by a police canine during his felony arrest by members of the Downey Police Department. Through his mother, as guardian ad litem, he filed a civil rights action under 42 United States Code section 1983 against the City of Downey, its police chief, the two police officers who physically arrested him, and four other police officers: appellants Roberto Del Rio, Michael L. Westray, Jeffrey Calhoun, and Michael…