Rainey
Rainey v. City of San Bernardino
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…