Dobson Medical Group, Inc. v. Midland Risk Insurance

Good Law
18 F. App'x 578
United States Court of Appeals for the Ninth CircuitAugust 31, 2001No. 00-16715; D.C. No. CV-97-00799-HRHCalifornia520 words

Opinion

Lead Opinion

MEMORANDUM *

Appellants challenge the district court’s order dismissing their federal civil rights and state tort claims 1 against several insurance companies (Insurance Appellees) and the City of Phoenix, officer John Guzman, and officer John Vasquez (City Ap-pellees). We have jurisdiction under 28 U.S.C. § 1291 , and we affirm.

We review de novo the district court’s order dismissing Appellants’ claims, Johnson v. Knowles, 113 F.3d 1114, 1117 (9th *580 Cir.1997), and may affirm “on any ground finding support in the record, even if the district court relied on wrong grounds or wrong reasoning.” Marino v. Vasquez, 812 F.2d 499, 508 (9th Cir.1987).

Because Appellants’ civil rights claims necessarily challenge the validity of Gelfand’s conviction, Appellants must prove the conviction “has been reversed on direct appeal, expunged by executive order, declared invalid by a state tribunal ... or called into question by a federal court’s issuance of a writ of habeas corpus.” Heck v. Humphrey, 512 U.S. 477, 486 , 114 S.Ct. 2364 , 129 L.Ed.2d 383 (1994). Appellants contend the state court order restoring Gelfand’s civil rights, pursuant to A.R.S. § 13-907, invalidated his conviction. We…

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