Wolfe
Walter Brown, Jr. v. Wolfe
Opinion
Opinion
MEMORANDUM
Walter Brown, Jr., a California state prisoner, appeals pro se from the district court’s summary judgment in his 42 U.S.C. § 1983 action alleging excessive force. We have jurisdiction under 28 U.S.C. § 1291 . We review de novo. Bruce v. Ylst, 351 F.3d 1283, 1287 (9th Cir.2003). We affirm.
The district court properly concluded that Brown’s excessive force claims are Heck-barred because success on Brown’s claims would necessarily imply the invalidity of his conviction for resisting arrest, as that conviction was based on resistance in response to defendants’ allegedly excessive force. See Heck v. Humphrey, 512 U.S. 477, 487 , 114 S.Ct. 2364 , 129 L.Ed.2d 383 (1994) (§ 1983 action that necessarily implies the invalidity of plaintiffs conviction must be dismissed unless the conviction has been invalidated); People v. Simons, 42 Cal.App.4th 1100 , 50 Cal.Rptr.2d 351 , 355 & n. 5 (1996) (defendant cannot be convicted of resisting arrest under California law unless the officer was acting lawfully at the time); see also Beets v. County of Los Angeles, 669 F.3d 1038, 1045 (9th Cir.2012) (“Where a defendant is charged with a single-act offense but there are multiple acts…