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Crime & Safety

Courts Toss McMillin Lawsuit Against Foster City

McMillin was charged for holding seven teenagers face down at gunpoint after they fired a BB gun at his home. Lawsuit alleged teens should have been charged too.

A state appeals court last week tossed out a lawsuit against the city of Foster City by a man who was prosecuted for holding a group of teenagers at gunpoint face down after they’d shot a BB gun at his home, the San Francisco Chronicle reports.

Tom McMillin filed a claim against the city for prosecuting him - and not the seven teens, aged 15-16, whom he chased down and detained in an October 2006 incident.

One of the teens told police McMillin threatened to shoot them if they moved after chasing them down at a local park, the Chronicle reports.

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McMillin eventually pleaded no contest to disturbing the peace. He was initially charged with assault and false imprisonment.

The First District Court of Appeal in San Francisco on Tuesday ruled that McMillin’s lawsuit was without merit.

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Justice Sandra Margulies authored the decision, the Chronicle reports.

"McMillin did not dispute that he drove off with a loaded gun after a group of teenagers who presented no physical threat to him, confronted them while displaying his weapon, and detained them at gunpoint," Margulies said. "This conduct fully justified his arrest and prosecution."

Margulies suggested that because the case was without merit, the city could recoup legal costs from McMillin.

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