Cabrera

Cabrera v. City of Huntington Park

Caution
159 F.3d 374
United States Court of Appeals for the Ninth CircuitOctober 16, 1998Nos. 96-55268, 97-55431California4,072 words

Opinion

Lead Opinion

Jose E. Cabrera appeals the dismissal of his § 1983 action, see 42 U.S.C. § 1983 (1994), against the City of Huntington Park and several of its police officers (collectively, “Huntington Park”). 1 The district court held that Cabrera’s malicious prosecution claim was barred by res judicata because it constituted the same cause of action as a prior suit and that the rest of his § 1983 claims were barred by California’s one-year statute of limitations, see Cal. Civ. Proc. Code § 340.3 (West 1998). For the reasons set forth below, we affirm in part, vacate in part, and remand for further proceedings consistent with this opinion.

I. FACTUAL AND PROCEDURAL BACKGROUND

On August 7,1992, Huntington Park police officers went to Salt Lake Park, in the City of Huntington Park, in response to a call concerning a fight between Cabrera’s brother and his brother’s girlfriend. Cabrera claims that, even though his only role was as a peacemaker, the police officers assaulted and battered him, breaking his legs in the process. Cabrera further alleges that the police officers used excessive force against him while he was in their custody at the arrest scene. In addition, Cabrera contends that he…

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