Silva

FACTS AND PROCEEDINGS

On September 2, 2020, plaintiff and appellant, Heliodoro Silva, filed a civil complaint in the Merced County Superior Court against Superior Court Judge Jeanne Schechter, the City of Merced, the County of Merced, a county prosecutor (Matthew Serrato), and a police detective (Sam Sanchez). This appeal concerns the claims against the City of Merced. Silva stated in the complaint: “The Plaintiff is serving two consecutive life without the possibility of parole sentences for … aiding and abetting two murders, conviction[s] [dated] November 4, 2016.” He further noted: “Plaintiff … is actually and factually innocent.” (Unnecessary capitalization omitted.) The complaint was filed shortly after Judge Schechter denied, on May 11, 2020, a petition for writ of habeas corpus filed by Silva, challenging his convictions. The complaint included two causes of action. The first cause of action was for “civil conspiracy.” With respect to this cause of action, Silva alleged with reference to his prior convictions, that the prosecutor, investigating detective, and Judge Schechter had conspired to secure and uphold his convictions. He further alleged that, as part of the…