Chin v. Merchant
Defendant and respondent Tom Merchant, a Medi-Cal fraud investigator for the California Department of Health Services, conducted an investigation that led to the criminal prosecution of plaintiff and appellant Marjorie Chin. After the prosecution dismissed the criminal action, Chin sued Merchant for federal civil rights violations (42 U.S.C. 1983 (section 1983)), malicious prosecution, false arrest, and intentional infliction of emotional distress. The trial court entered judgment for Merchant after sustaining his demurrer to the malicious prosecution and emotional distress claims based on a governmental immunity statute (Gov. Code, 821.6) and granting his motion for summary judgment of the section 1983 and false arrest claims. Court affirm.
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