Miguel Rodriguez v. City of Modesto

MEMORANDUM

On February 8, 2009, a series of interactions transpired between City of Modesto police officers and Plaintiffs Miguel Rodriguez, Charisse Fernandez, and Adrian Ali-zaga, culminating in Plaintiffs’ arrest. Plaintiffs each entered a nolo contendere plea to a charge of resisting, delaying, or obstructing a peace officer in violation of California Penal Code § 148(a)(1). Thereafter, Plaintiffs brought suit under 42 U.S.C. § 1983 and state law against the arresting officers, alleging the officers falsely arrested and exerted excessive force upon Plaintiffs. Plaintiffs also asserted a Monell claim against the City of Modesto and Police Chief Wasden and a supervisory liability claim against Lt. Clo-ward. Plaintiffs appeal the district court’s dismissal of their claims as barred by Heck v. Humphrey, 512 U.S. 477 , 114 S.Ct. 2864 , 129 L.Ed.2d 383 (1994), and its state-law analogue or for failure to state a claim under Federal Rule of Civil Procedure 12(b)(6).

We have jurisdiction under 28 U.S.C. § 1291 . We review de novo a district court’s dismissal for failure to state a claim, Cook v. Brewer, 637 F.3d 1002, 1004 (9th Cir.2011), and review for an abuse of discretion a…