Joseph Sherman v. City of Davis

MEMORANDUM

Joseph A. Sherman appeals pro se from the district court’s judgment in his 42 U.S.C. § 1983 action alleging constitutional violations arising from several arrests. We have jurisdiction under 28 U.S.C. § 1291 . We review de novo. Manzarek v. St. Paul Fire & Marine Ins. Co., 519 F.3d 1025, 1030 (9th Cir.2008) (failure to state a claim); Arpin v. Santa Clam Valley Transp. Agency, 261 F.3d 912 , 919 (9th Cir.2001) (summary judgment). We affirm.

The district court properly dismissed the false imprisonment and false arrest claims because these claims necessarily implied the invalidity of Sherman’s convictions, which had not been overturned. See Heck v. Humphrey, 512 U.S. 477, 486-87 , 114 S.Ct. 2364 , 129 L.Ed.2d 383 (1994).

Similarly, the district court properly granted summary judgment on the excessive force claim as barred by Heck. See Smith v. City of Hemet, 394 F.3d 689 , 699 n. 5 (9th Cir.2005) (en banc) (explaining that a jury-trial conviction for resisting arrest, pursuant to CaLPenal Code § 148(a)(1), “necessarily determines the lawfulness of the officers’ actions throughout the whole course of the defendant’s conduct, and any action alleging the use of excessive…