McFarland
McFarland v. City & County of San Francisco
Opinion
Lead Opinion
MEMORANDUM **
Appellant Latrice McFarland appeals the district court’s grant of partial judgment on the pleadings to the appellees under Rule 12(c) of the Federal Rules of Civil Procedure. McFarland filed a 42 U.S.C. § 1983 action in federal court based on allegations of constitutional violations under color of law for excessive force used during a body cavity search. The district court held that McFarland’s federal claims were barred under Heck v. Humphrey, 512 U.S. 477 , 114 S.Ct. 2364 , 129 L.Ed.2d 383 (1994), and her state law claims were dismissed without prejudice. We have jurisdiction under 28 U.S.C. § 1291 and we reverse.
In Heck the United States Supreme Court held that a 42 U.S.C. § 1983 action that would call into question the lawfulness of a plaintiffs conviction or confinement is not cognizable, and does not accrue unless the plaintiff can prove that her conviction has been reversed or otherwise overturned in appropriate proceedings directed toward that end. This Court followed Heck in Harvey v. Waldron, 210 F.3d 1008 (9th Cir.2000), and the district court relied heavily on Harvey to dismiss McFarland’s claims.