Walker

Walker v. Fresno Police Department

Good Law
249 F. App'x 525
United States Court of Appeals for the Ninth CircuitSeptember 27, 2007No. 06-15929California358 words

Opinion

Lead Opinion

*526 MEMORANDUM **

Harold Walker, a California state prisoner, appeals pro se from the district court’s summary judgment for defendants in Walker’s 42 U.S.C. § 1988 action alleging City of Fresno police officers violated his Fourth Amendment rights when they entered a house without a warrant, used excessive force to detain and arrest him, and did not arrange for him to see a medical doctor for injuries he suffered. We have jurisdiction pursuant to 28 U.S.C. § 1291 . We review de novo, Scheuring v. Traylor Bros., Inc., 476 F.3d 781, 784 (9th Cir.2007), and we affirm.

The district court properly determined that Walker’s warrantless entry and excessive force claims were Heck-barred because they necessarily called into question the validity of his jury convictions for two counts of violating California Penal Code section 148(a)(1) (resisting, delaying, or obstructing a police officer), and Walker failed to demonstrate that his convictions had been invalidated. See Heck v. Humphrey, 512 U.S. 477, 486-87 , 114 S.Ct. 2364 , 129 L.Ed.2d 383 (1994); Smith v. City of Hemet, 394 F.3d 689 , 699 n. 5 (9th Cir.2005) (en banc) (“[A] jury’s verdict necessarily determines the lawfulness of the…

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