Ng
Ng v. Miki
Opinion
Lead Opinion
MEMORANDUM **
Wing C. Ng appeals pro se from the district court’s order dismissing his 42 U.S.C. § 1983 action on the grounds that it was barred by Heck v. Humphrey. Ng received two traffic tickets for driving recklessly and for failing to yield to pedestrians. Following a state court trial, Ng was convicted and the conviction was affirmed on appeal. In his 42 U.S.C. § 1983 action, Ng contends that the officer who issued the traffic tickets fabricated the charges against him and perjured himself at Ng’s criminal trial. Ng contends that his claims are not barred by Heck because the trial judge, although specifically finding that the officer’s testimony was credible, also stated that Ng’s conviction would stand even if the record contained only Ng’s testimony. Ng states that even if the perjury allegations against the officer were *652 found to be valid, his conviction would not necessarily be overturned.
We agree with the district court that Ng’s action is barred under Heck, because the gravamen of Ng’s action is that he was detained without probable cause and prosecuted on “trumped up charges.” A favorable judgment in Ng’s favor would necessarily imply the invalidity of his…