Carl West v. City of Mesa

MEMORANDUM

Carl West appeals from dismissal of his complaint against the City of Mesa and Detective Jeffrey Jacobs. We affirm in part and vacate in part the district court’s order and remand for entry of an order consistent with this disposition.

1. The district court correctly dismissed West’s state claim for malicious prosecution because litigation challenging West’s conviction had not yet finally terminated in his favor. Moran v. Klatzke, 140 Ariz. 489 , 682 P.2d 1156, 1157 (Ariz.Ct.App.1984). The same rule applies to West’s claims under 42 U.S.C. § 1983 against the City of Mesa and Detective Jacobs insofar as they are based on West’s prosecution. Heck v. Humphrey, 512 U.S. 477, 487 , 114 S.Ct. 2364 , 129 L.Ed.2d 383 (1994). It was therefore error to dismiss West’s § 1983 claims as time-barred because that claim, like the state malicious prosecution claim, had not yet accrued.

2. The district court correctly dismissed West’s remaining claims as time-barred. West’s false arrest and imprisonment claims, both state and federal, ac- erued when his detention was validated by legal process. Wallace v. Kato, 549 U.S. 384, 390 , 127 S.Ct. 1091 , 166 L.Ed.2d 973 (2007); see Hansen v.…