Muhammad

Muhammad v. Garrett

Good Law
66 F. Supp. 3d 1287·2014 WL 7004752·2014 U.S. Dist. LEXIS 171744
United States District Court, Eastern District of CaliforniaDecember 11, 2014Case No. 1:12-cv-01199-JLTCalifornia5,067 words

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)).

During his criminal…

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