Gillan v. City of San Marino

The City of San Marino and three current or former police officials appeal a judgment after a jury trial, the denial of their motion for judgment notwithstanding the verdict, and a postjudgment order awarding attorney fees. The judgment holds them liable for depriving Patrick Gillan of his rights in violation of Civil Code section 52.1, defamation, and intentional infliction of emotional distress, all in connection with Gillans detention for the alleged sexual molestation of a minor. The defendants contend there was probable cause to arrest Gillan and contend they are immune from liability for defamation and intentional infliction of emotional distress in these circumstances. We conclude that there was no probable cause to arrest Gillan and thus he may recover on his Civil Code section 52.1 claim. Defendants, however, are immune from liability for defamation and intentional infliction of emotional distress, but they are not immune from liability for violation of Civil Code section 52.1 based on a false arrest. We conclude further that the defendants are entitled to a new trial to determine the amount of compensatory damages.