Kyles

ORDER GRANTING IN PART AND DENYING IN PART DEFENDANTS’ MOTION FOR SUMMARY JUDGMENT

Re: Dkt. No.

INTRODUCTION

During an encounter with Pittsburg, California police officers on November 30, 2011, plaintiff Bruce Kyles was forced to the ground, tased multiple times, struck with a flashlight, and mauled by a police dog before being arrested and charged under California Penal Code sections 69 and 148(a)(1). Kyles claims the officers’ use of force against him was unprovoked; the officers assert that Kyles was verbally and physically resisting throughout the encounter. After entering a plea of no contest to the section 148(a)(1) charge, Kyles brought a civil rights action against the City of Pittsburg and the arresting officers, alleging unlawful arrest and excessive force under 42 U.S.C. § 1983 and state law causes of action for negligence, assault, and battery. Defendants now move for summary judgment on several grounds, including that under Heck v. Humphrey, 512 U.S. 477 , 114 S.Ct. 2364 , 129 L.Ed.2d 383 (1994), Kyles’s claims are barred by his section 148(a)(1) conviction. Because I conclude that Kyles’s excessive force claims are not barred under Heck , and that there are…