S.R. Curry v. Leroy Baca

MEMORANDUM

Sirlasie Rayshon Curry appeals from the grant of summary judgment in favor of Sheriff Leroy Baca, Undersheriff William Stonich, Lieutenant Jack Jordan, and Deputies Agostino Brancanto and Joseph Gar-rido (“Appellees”). We have jurisdiction pursuant to 28 U.S.C. § 1291 , and we affirm.

1. Section 1983 Excessive Force Claims. The district court correctly concluded that Curry’s § 1983 excessive force claims are barred by Heck v. Humphrey, 512 U.S. 477 , 114 S.Ct. 2364 , 129 L.Ed.2d 383 (1994). See Cunningham v. Gates, 312 F.3d 1148, 1154-55 (9th Cir.2003). Curry was convicted by a jury of two counts of assault on a peace officer with a semiautomatic firearm, in violation of California Penal Code § 245(d)(2). To find Curry guilty, the jury necessarily had to decide that the officers did not use excessive force “at the time of the arrest.” People v. White, 101 Cal.App.3d 161, 166 , 161 Cal. Rptr. 541 (1980). The time of the arrest is “the time during which the arrest is being effected.” Smith v. City of Hemet, 394 F.3d 689, 696 (9th Cir.2005) (en banc). Because Curry’s § 1983 claims, which allege that the officers used excessive force in effecting his arrest necessarily…