Archie G. Strutt v. Frank Urham

Archie G. Strutt brought this civil rights action for damages against Frank Upham, a police officer employed by Costa Mesa, California. In his amended complaint, Strutt alleged that, acting in his capacity as a police officer, Upham so negligently, corruptly and fraudulently conducted an investigation of certain bad-check charges involving Strutt, that he caused to be filed a false complaint against Strutt, resulting in the latter’s false imprisonment for four months on a charge of violating California Penal Code, section 476a (drawing checks for which there were insufficient funds). The criminal complaint was thereafter dismissed.

The parties filed cross motions for summary judgment. The district court granted summary judgment for defendant Upham. Strutt appeals. He argues, in effect, that summary judgment for Upham should not have been entered because (1) there were genuine issues of material fact and (2) on the facts before the district court, Upham’s liability was established under the Civil Rights Act because such facts show that Upham, acting under color of state law, violated Strutt’s rights under the Fourth, Fifth and Fourteenth Amendments. We affirm.

Strutt filed…