Rainey

Rainey v. City of San Bernardino

Good Law
86 F. App'x 302
United States Court of Appeals for the Ninth CircuitJanuary 16, 2004No. 03-55558; D.C. No. CV-02-00768-RTCalifornia281 words

Opinion

Lead Opinion

MEMORANDUM **

Patrick Ricks Rainey appeals the district court’s order dismissing for failure to state a claim his 42 U.S.C. § 1983 action alleging false arrest, excessive force, and state law claims related to his arrest by San Bernardino police on July 29, 2001. We have jurisdiction under 28 U.S.C. § 1291 , and we review de novo. Barnett v. Centoni, 31 F.3d 813, 816 (9th Cir.1994) (per curiam). We affirm in part and vacate in part.

The district court properly concluded that Rainey’s false arrest claim was barred by his conviction for disorderly conduct, Cal.Penal Code § 415. See Cabrera v. Huntington Park, 159 F.3d 374 , 380 (9th Cir.1998).

However, we vacate the district court’s dismissal of Ramey’s excessive force claim because the record shows that Rainey was not convicted of resisting arrest under California Penal Code § 148; rather, the charge was dismissed pursuant to a plea bargain. See Heck v. Humphrey, 512 U.S. 477, 487 , 114 S.Ct. 2364 , 129 L.Ed.2d 383 (1994). We are not persuaded by defendants’ contention that Rainey’s conviction under Penal Code § 415 nonetheless bars his excessive force claim. See Cabrera, 159 F.3d at 380-81 (recognizing that plaintiffs excessive…

Sign in to read the full opinion

Create a free account to read the complete opinion text, citation history, and good-law status for this case.