Garber v. City of Los Angeles General Services Department

MEMORANDUM

Robert Garber appeals pro se from the district court’s judgment, following a partial grant of judgment on the pleadings and a jury trial, in his 42 U.S.C. § 1983 action alleging unlawful search and seizure, conspiracy, malicious prosecution, and excessive force. We have jurisdiction under 28 U.S.C. § 1291 . We review de novo the district court’s grant of judgment on the pleadings. MacDonald v. Grace Church Seattle, 457 F.3d 1079, 1081 (9th Cir.2006). We affirm.

The district court properly granted judgment on the pleadings on Garber’s claims alleging unlawful search and seizure, conspiracy, and malicious prosecution because those claims are barred by Heck v. Humphrey, 512 U.S. 477 , 114 S.Ct. 2364 , 129 L.Ed.2d 383 (1994). See Guerrero v. Gates, 442 F.3d 697, 703 (9th Cir.2006) (“Under Heck v. Humphrey, a state prisoner cannot recover damages in a § 1983 suit if a judgment in favor of the plaintiff ‘would necessarily imply the invalidity of his conviction or sentence ... unless the plaintiff can demonstrate that the conviction or sentence has already been invalidated.’” (alteration in original; citation omitted)); see also id. at 704-05 (claims implying the invalidity…