Duncan

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 DOMINIC MILANO, Case No. 2:22-cv-0071-JDP (P) Plaintiff, 13 v. ORDER

J. DUNCAN, et al.,

15 Defendants.

17 18 Plaintiff Dominic Milano alleges that Vallejo Police Officers Duncan, Simpson, and 19 Komoda used excessive force against him. According to the complaint, plaintiff engaged 20 defendants in a high-speed chase, which ended when plaintiff crashed into another car after 21 running a red light. Plaintiff alleges that defendants fired their weapons at him when he was 22 trapped in his car and posed no threat to them. However, plaintiff pled no contest to assault on a 23 peace officer with an assault rifle in violation of California Penal Code § 245(d)(3). The factual 24 basis for that plea provides that defendants returned fire only after plaintiff fired upon them. 25 Defendants move to dismiss, arguing that the claims are barred Heck. ECF No. 40. After 26 reviewing the complaint and the moving papers, the court finds that plaintiff’s claims are Heck 27 barred. 28 I. …