Gregory Pellerin v. Nevada County

MEMORANDUM

Gregory Pellerin appeals from the district court’s judgment dismissing his six 42 U.S.C. § 1983 claims and three causes of action under California law, all of which arose out of his arrest and criminal prosecution in California Superior Court. We review de novo the dismissal of an action under the doctrine of collateral estoppel. McQuillion v. Schwarzenegger, 369 F.3d 1091, 1096 (9th Cir.2004). We have jurisdiction pursuant to 28 U.S.C. § 1291 and affirm.

Pellerin was arrested and charged with felony assault, felony battery, and misdemeanor false imprisonment by violence. His wife videotaped the incident, then gave the videotape to the responding police officer. Pellerin has alleged that the Sheriffs Department improperly edited the video and the District Attorney’s Office refused to review the exculpatory portion of the video in violation of his constitutional rights. Pellerin moved to dismiss the criminal case on these bases, among other grounds. After a two-day evidentiary hearing, the Superior Court denied Pelle-rin’s motion. Pellerin sought mandamus review to the California Court of Appeal, which issued an alternative writ granting Pellerin’s request for recusal…