Guerrero

Guerrero v. Gates

Bad Law
357 F.3d 911·2004 WL 177894·2004 U.S. App. LEXIS 1331
United States Court of Appeals for the Ninth CircuitJanuary 29, 2004No. 02-56017California3,145 words

Opinion

Lead Opinion

Nelson, J.

Louie Guerrero pleaded guilty to two separate charges of possession of narcotics. He now attempts to bring claims under 42 U.S.C. § 1983 that are barred by Heck v. Humphrey. 1 The claims stem from Guerrero’s allegations of wrongful arrest, malicious prosecution, and a general conspiracy of “bad behavior” among Los Angeles officials in connection with his arrests, prosecutions, and incarceration. Based on the same incidents, he also attempts to bring time-barred excessive force claims under § 1983 and claims for which he lacks standing under the Racketeer Influenced and Corrupt Organizations Act (“RICO”). 2 We affirm the district court’s dismissal of this case.

I. FACTUAL AND PROCEDURAL BACKGROUND

Guerrero’s claims arise from two separate encounters with members of the Los Angeles Police Department (“LAPD”). On November 29, 1995, Officer Zamora and another unidentified officer of the LAPD stopped and searched Guerrero. Guerrero alleges that the officers planted narcotics on him during the course of the search. Charged with possession of the narcotics, Guerrero pleaded guilty, and the court placed him on probation.

Two years later, on November 14, 1997, Officer Martinez…

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