Le Count Scott v. City of Pasadena

MEMORANDUM

Defendants appeal from the district court’s denial of their motion for summary judgment. They assert that plaintiffs claim of excessive force is barred by his prior conviction under California Penal Code § 148(a)(1). See Heck v. Humphrey, 512 U.S. 477, 487 , 114 S.Ct. 2364 , 129 L.Ed.2d 383 (1994); Smith v. City of Hemet, 394 F.3d 689, 693 (9th Cir.2005) (en banc). Because the district court’s denial of summary judgment on this claim is not an appealable collateral order, we lack jurisdiction and must dismiss. Cunningham v. Gates, 229 F.3d 1271, 1284-85 (9th Cir.2000).

Defendants also claim the district court erred by denying summary judgment based on qualified immunity. The district court determined that a reasonable jury could find that the arresting officer “threw [plaintiff] to the ground after he had been effectively subdued, causing his leg to break.” [Order at 23] Defendants do not claim that a reasonable officer would believe such conduct to be constitutional; they claim the evidence doesn’t support the district court’s conclusion. We lack jurisdiction to review the denial of a motion for qualified immunity on an interlocutory appeal “when the basis for the…