Kristy Beets v. County of Los Angeles

Kristy Beets and Glenn Allen Rose (“plaintiffs”), the parents of Glenn Patrick Rose (sometimes referred to as “GPR”) filed an action pursuant to 42 U.S.C. § 1983 alleging that Deputy Winter used excessive force when he shot and killed GPR. The district court dismissed the action on the basis that pursuant to Heck v. Humphrey, 512 U.S. 477 , 114 S.Ct. 2364 , 129 L.Ed.2d 383 (1994), the conviction of GPR’s companion, Ms. Morales, on several counts including aiding and abetting in the assault on a peace officer with a deadly weapon barred plaintiffs from attempting to show that Deputy Winter used excessive force.

We hold that Heck bars plaintiffs’ suit. Plaintiffs seek to show that Deputy Winter used excessive force, but the jury that convicted GPR’s accomplice has already determined that the deputy acted within the scope of his employment and did not use excessive force. Accordingly, a verdict in plaintiffs’ favor would tend to undermine Morales’ conviction. Moreover, Morales, GPR’s accomplice, challenged the propriety of Deputy Winter’s actions in her criminal trial, her interests in doing so were in no way inconsistent with plaintiffs’ interests, and Morales was…