Jose Enriquez v. City of Baldwin Park

MEMORANDUM

Plaintiff-Appellant Jose Enriquez appeals from the district court’s grant of summary judgment in favor of Defendants-Appellees Baldwin Park Police Officers Greg Coley and Douglas Parnell in Enriquez’s 42 U.S.C. § 1983 action. Enri-quez alleges that Defendants used excessive force against him when they shot him multiple times, rendering him a paraplegic. The district court granted Defendants summary judgment on the ground that Heck v. Humphrey, 512 U.S. 477 , 114 S.Ct. 2364 , 129 L.Ed.2d 383 (1994), barred Enri-quez’s claim against Defendant Parnell and that Defendants’ use of deadly force was objectively reasonable under the facts, which were not materially disputed. Enri-quez waived any challenge to the district court’s grant of summary judgment in favor of the City of Baldwin Park, the Baldwin Park Police Department, and Baldwin Park Chief Police Officer Mark Kling.

With respect to Defendant Parnell, En-riquez’s excessive force claim is barred by Heck, 512 U.S. at 487 , 114 S.Ct. 2364 . Enriquez pled no contest to assaulting Defendant Parnell with a semi-automatic firearm, by personally using that firearm, in connection with the same episode that underlies his §…