Nuno

ORDER GRANTING DEFENDANTS COUNTY OF SAN BERNARDINO AND VICTOR MORENO’S MOTION TO DISMISS.

In Heck v. Humphrey, 512 U.S. 477 , 114 S.Ct. 2364 , 129 L.Ed.2d 383 (1994) (Heck), the Supreme Court held that a plaintiff seeking damages pursuant to 42 U.S.C. § 1983 (section 1983), based on factual allegations which would, if proven, render that plaintiffs previous criminal conviction or resulting sentence invalid, must demonstrate that the previous conviction or sentence has been reversed or invalidated by an authorized state or federal court or tribunal, or expunged by executive branch action to state a valid cause of action. Id. at 486-87 , 114 S.Ct. at 2372 . The instant motion to dismiss under Rule 12(b)(6) of the Federal Rules of Civil Procedure (Rule 12(b)(6)) requires the Court to decide whether this rule applies where the conviction or sentence in the prior criminal action was entered based on the plaintiffs plea of nolo contendere in that action.

I.

BACKGROUND AND FACTUAL ALLEGATIONS

On July 19, 1997, plaintiff Jesus Ñuño (plaintiff) was detained and arrested by San Bernardino County deputy sheriff Victor Moreno for, among other reasons, resisting arrest, carrying a…