Morgan Sanders v. City of Pittsburg

FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

MORGAN SANDERS, No. 19-16920 Plaintiff-Appellant, D.C. No. v. 3:18-cv-04326- SK

CITY OF PITTSBURG; THOMAS

BRYAN, Pittsburg Police Officer; HULLEMEN, Antioch Police Officer OPINION #5322; HOPWOOD, Antioch Police Officer #5235, Defendants-Appellees.

Appeal from the United States District Court for the Northern District of California Sallie Kim, Magistrate Judge, Presiding

Argued and Submitted September 15, 2020 Submission Vacated March 26, 2021 Resubmitted September 16, 2021 San Francisco, California

Filed September 23, 2021

Before: J. Clifford Wallace, Bridget S. Bade, and Patrick J. Bumatay, Circuit Judges.

Opinion by Judge Bumatay SUMMARY *

Civil Rights

The panel affirmed the district court’s dismissal of a complaint, on the basis of Heck v. Humphrey, 512 U.S. 477 (1994), brought pursuant to 42 U.S.C. § 1983 alleging police officers used excessive force when they deployed a police dog against plaintiff.

After being spotted in a stolen car, plaintiff, Morgan Sanders, fled from the police. He led them on a car chase,…