Steve Kassab v. San Diego Police Department

MEMORANDUM

Steve Kassab appeals pro se from the district court’s summary judgment in his 42 U.S.C. § 1983 action alleging unlawful search and seizure, false arrest, excessive force, and other claims. We have jurisdiction under 28 U.S.C. § 1291 . We review de novo. Whitaker v. Garcetti, 486 F.3d 572, 579 (9th Cir.2007). We affirm in part, reverse in part, and remand.

The district court properly granted summary judgment on Kassab’s § 1983 claims concerning the searches of his store, his arrest, and his prosecution because these claims are Heck-barred. See Heck v. Humphrey, 512 U.S. 477, 486-87 , 114 S.Ct. 2364 , 129 L.Ed.2d 383 (1994) (a plaintiff cannot bring a § 1983 claim that necessarily implies the invalidity of a conviction unless the conviction has been invalidated); see also Guerrero v. Gates, 442 F.3d 697, 704-05 (9th Cir.2006) (claims implying the invalidity of plaintiffs convictions were Heck-barred even though plaintiff was no longer in custody).

The district court properly granted summary judgment on Kassab’s excessive force claim alleging that defendant Nunez slammed a car door on his knee because Kassab failed to create a genuine dispute of material fact as to…