Gregory Adamson v. Los Angeles County

MEMORANDUM

Gregory K. Adamson, a former inmate in the Los Angeles County Jail, appeals pro se from the district court’s judgment dismissing his 42 U.S.C. § 1983 action pursuant to 28 U.S.C. § 1915 (e)(2) for failure to state a claim. We have jurisdiction under 28 U.S.C. § 1291 . We review de novo. Huftile v. Miccio-Fonseca, 410 F.3d 1136, 1138 (9th Cir.2005). We affirm in part, vacate in part, and remand.

The district court properly dismissed Claims 1-4 and 9-10 of the Second Amended Complaint because a judgment in Adamson’s favor would necessarily imply the invalidity of his conviction, and he did not allege that his conviction has been invalidated. See Heck v. Humphrey, 512 U.S. 477, 486-87 , 114 S.Ct. 2364 , 129 L.Ed.2d 383 (1994); Guerrero v. Gates, 442 F.3d 697, 704-05 (9th Cir.2006) (concluding that claims implying the invalidity of plaintiffs convictions were barred by Heck even though plaintiff was no longer in custody). However, we vacate the judgment to the extent it dismissed these claims with prejudice, and remand for dismissal without prejudice. See Trimble v. City of Santa Rosa, 49 F.3d 583, 585 (9th Cir.1995) (per curiam) (stating that dismissals under Heck are…