California, United States of America
The following excerpt is from Schwab v. County Of Lake, A126305, No. CV405728 (Cal. App. 2010):
9. The Yount court found the following test useful in determining whether an action constitutes an improper collateral attack on a criminal conviction:" 'First, the court must determine, using the substantial evidence test, what acts or omissions may have formed the factual basis for the plaintiffs obstruction conviction. Second, the court must ascertain what alleged misconduct by the officer forms the factual basis for the civil rights claim (e.g., excessive force). The final step is to consider the relationship between the plaintiffs acts of obstruction and the officer's alleged misconduct.' " (Yount v. City of Sacramento, supra, 43 Cal.4th at p. 894.)
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