A federal court judge has thrown out a lawsuit filed by Atherton resident Jon Buckheit against the town of Atherton, San Mateo County, and three Atherton police officers.
Buckheit filed the $10 million suit in 2008 as a result of his arrest after a domestic violence incident in his home in which he had called the police and reported that he was the victim.
He later amended his lawsuit to include additional grievances when he learned that the police report of his arrest was changed hours later to include false charges of physical abuse to a child who had been present during the domestic dispute.
Judge Joseph Spero issued his ruling Friday, April 6.
"I'm very disappointed with the decision,and seriously considering appealing it," Buckheit told the Almanac Saturday.
"He threw the whole case out, saying, the falsification of the police report didn't cause significant damage or have enough of a chilling effect on my free speech to be an actionable claim under the Civil Rights Act," he said.
"But I felt I was damaged when I had to write that check to my lawyer to expunge my record," he said, referring to having to go to court to ask for a legal declaration of factual innocence.
Atherton town officials could not be reached for comment for this report.
Buckheit was granted a declaration of factual innocence in San Mateo County Superior Court. During the 2010 trial, Judge Mark Forcum stated that "there's absolutely no basis to believe that Mr. Buckheit ever laid a finger on the child," referring to the charge added to the police report after Buckheit's arrest.