Marlow

MEMORANDUM *

Marlow appeals from the district court’s grant of summary judgment to the defendants. The district court held that Mar-low’s entire complaint was barred by Heck v. Humphrey, 512 U.S. 477 , 114 S.Ct. 2364 , 129 L.Ed.2d 383 (1994). 1 We affirm in part, reverse in part, and remand.

1. Marlow’s § 1983 claim states three grounds: unlawful entry, malicious prosecution, and excessive force.

We affirm the district court’s holding that Marlow’s unlawful entry claim is barred by Heck . One element of the crimes of which she was convicted is that the officer was engaged in the lawful performance or discharge of his duties at the time of the offense. Cal-Penal Code §§ 148(a)(1), 241(c). If the officers had no reason to believe they had a duty to investigate what was going on inside Marlow’s apartment in the first place — and thus unlawfully demanded entry into and entered her apartment — then any subsequent obstruction or assault by Marlow would not have involved an officer performing his lawful duties and so would not have constituted the specified crimes. Because Mar-low’s convictions depended on the jury finding that the officers had a right to *577 enter Marlow’s apartment…