Jones
Jones v. City of Anaheim
Opinion
Lead Opinion
MEMORANDUM ***
James Terrial Jones appeals the district court’s order granting defendants’ motion for summary judgment on Jones’ civil rights and related state law claims. We review the grant of summary judgment de novo. See Trimble v. City of Santa Rosa, 49 F.3d 583, 584 (9th Cir.1995). We affirm.
Before filing his § 1983 claim, Jones was charged with resisting arrest under California Penal Code § 148(a)(1) by Officer Mendoza and by Officer Flanagan; he was convicted only of resisting arrest by Flanagan. That conviction included the finding that Flanagan did not use excessive force. Cf. Smith v. City of Hemet, 394 F.3d 689 , 699 n. 5 (2005).
The district court analyzed the officers’ conduct as a whole. It held that a judgment against Mendoza for using excessive force would mean that Flanagan also used excessive force, necessarily implying the invalidity of Jones’ conviction and therefore violating Heck v. Humphrey, 512 U.S. 477 , 114 S.Ct. 2364 , 129 L.Ed.2d 383 (1994).
However, under § 148(e) “[a] person may be convicted of multiple violations of [§ 148(a)(1) ] if more than one public officer, peace officer, or emergency medical technician are victims.” Thus, Jones’…