Prien

MEMORANDUM *

Amy Prien, a California state prisoner, brought a 42 U.S.C. § 1983 damages action alleging Fourth, Sixth, and Fourteenth Amendment violations by various prosecutor and law enforcement defendants. Concluding that Prien’s suit was barred by Heck v. Humphrey, 512 U.S. 477 , 114 S.Ct. 2364 , 129 L.Ed.2d 383 (1994), the district court dismissed the claim as to two defendants under Federal Rule of Civil Procedure 12(b)(6) and as to others on summary judgment. 1 Prien appeals these decisions, and we affirm.

Prien’s allegations arose from the defendants’ investigation into the death of Jacob Smith. Prien was charged with murder, two misdemeanor controlled substances offenses, and child endangerment in connection with the Smith case. The first criminal case against Prien was dismissed on April 28, 2003, when the prosecution announced that they were not ready to proceed to trial. A felony complaint in a second criminal case was filed the same day. The complaint in the second criminal case charged Prien with nine counts — all four counts previously charged in the first criminal case, plus three new child endangerment counts and two new misdemeanor controlled substances counts.…