Muhammad
Muhammad v. Garrett
Opinion
Lead Opinion
Thurston, J.
ORDER GRANTING DEFENDANTS’ MOTION FOR SUMMARY JUDGMENT
In this action, Plaintiff claims he suffered excessive force during an arrest. In the current motion, Defendants argue they are entitled to a grant of summary judgment because Plaintiffs entire complaint is barred. (Doc. 95) The evidence demonstrates that Plaintiff has suffered convictions of crimes that, if he was successful in the current action, would be undermined. Because he is not permitted to pursue this action without first demonstrating the criminal convictions have been set aside through direct attack, Defendants’ motion for summary judgment, the motion is GRANTED.
I. Factual Background
On February 26, 2012, Kareem Muhammad suffered a broken arm during a scuffle with police officers. As a result of the incident, he was charged with being under the influence of a controlled substance in violation of California’s Health & Safety section 11550(A), resisting, obstructing or delaying a peace officer in the performance of his duties in violation of Penal Code section 148(A) and assault on a peace officer in violation of Penal Code section 241(c). (Doc. 95-3 at 2 (Fact 1); Doc. 95-3 at 6; (Fact 7)).