Without being on probation, a South San Francisco man claims police detained him in his home while performing a probation search that led to an arrest and five-day stint in jail last year, according to a lawsuit filed Monday.
Sean Joseph Penna is suing South San Francisco, San Mateo County, San Mateo Sheriff's Office, San Mateo Gang Task Force, Sheriff Greg Munks, San Mateo Adult Probation Department, Chief Stuart Forrest, Officer Jason Pfarr, Officer Joshua Cabillo and South San Francisco Police Chief Mike Massoni in relation to a probation search of his South San Francisco home November 2011 that resulted in his arrest. The problem, according to Penna, is he was not on probation. He's alleging violations of his civil rights, constitutional and statutory rights, negligence, false arrest/imprisonment, battery, conversion, intentional and negligent infliction of emotional distress, trespassing, invasion of privacy and defamation, according to the 19-page lawsuit filed Monday.
Note that Stuart Forrest, Chief of Probation who is now under investigation for possession of child pornography, is named on this lawsuit.
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