Roberts
Roberts v. County of Kern
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 Willie Roberts and Carla Sutton, No. 1:21-cv-00725-KJM-CDB Plaintiffs, ORDER v. County of Kern, et al., 1S Defendants. 16 Defendants ask the court to reconsider its order denying their previous motion for summary judgment in part. See Mot. Recons., ECF No. 48. In that order, the court found there were genuine disputes of material fact related to plaintiff Willie Roberts’s claims of excessive force under 42 U.S.C. § 1983 and his related claims under state law. See Prev. Order at 2-6, 8-10, ECF No. 41. Defendants’ request for reconsideration rests on Roberts’s decision to plead 22 no contest in a related criminal prosecution in state court. See Mem. at 8-10, ECF No. 49; Req. J. Not. Ex. C, ECF No. 52 (change of plea hearing transcript). Defendants argue Roberts cannot 24 prevail in this federal case without implying his state court conviction is invalid, citing Heck v. Humphrey, 512 U.S. 477…