Jordan

Johnson v. Jordan

Good Law
116 F. App'x 62
United States Court of Appeals for the Ninth CircuitSeptember 29, 2004No. 01-16524California420 words

Opinion

Lead Opinion

MEMORANDUM ***

Richard Johnson appeals from the district court’s denial of his motion to amend the judgment. We find that the district court did not abuse its discretion in denying the motion and affirm.

In August 1996, Johnson was placed under arrest for possession of a controlled substance and possession of narcotics paraphernalia. In September 1996, the state court dismissed the charges against Johnson. At the time of his arrest, Johnson was on parole. He alleged that based on his arrest the Parole Board revoked his parole. Johnson filed this action in the United States District Court of Nevada against the officers who arrested him and the supervising sheriff pursuant to 42 U.S.C. § 1983 for his unlawful arrest and incarceration. Johnson sought compensatory and punitive damages based on the 330 days of incarceration he served following the revocation of his parole.

The defendants filed a motion for judgment on the pleadings arguing that a favorable judgment on Johnson’s § 1983 claim would necessarily imply the invalidity of his parole revocation. On March 5, 2001, the district court granted the motion.

Johnson’s next action was to file a motion to amend judgment on April…

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