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4129 REVIEW GRANTED A plaintiff's plea to or conviction for obstructing a peace officer in the performance of duties in violation of Penal Code section 148 does not necessarily establish that plaintiff was attempting to resist a lawful arrest, so the fact plaintiff has been convicted or pleaded to such violation does not necessarily bar suit based on the allegation that the officer used excessive force.CitationYOUNT v CITY OF SACRAMENTO (No Contest) 133 CA4 1424 [See: 42 USC 1983; PenC 148; Heck v Humphrey 512 US 477; Susag v City 94 CA4 1401, T/AT 2/02; Truong v OC Sheriff's Dept 129 CA4 1423, T/AT 7/05]
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