Joshua Radwan v. County of Orange

MEMORANDUM

Plaintiff Joshua Radwan appeals the district court’s grant of summary judgment on his 42 U.S.C. § 1983 unlawful search and seizure claim. Radwan says that Heck v. Humphrey, 512 U.S. 477 , 114 S.Ct. 2364 , 129 L.Ed.2d 383 (1994), does not bar this claim. Radwan also appeals the jury’s verdict in the defendants’ favor on his § 1983 excessive force claim. He says that the district court erred by allowing an in-court demonstration of the use of leg irons; admonishing Radwan’s counsel in front of the jury; and allowing the defense attorney to vouch for the defendant police officers. We have jurisdiction under 28 U.S.C. § 1291 . We affirm.

1. The district court properly ruled that Heck bars Radwan’s § 1983 unlawful search and seizure claim. We have re peatedly found Heck to bar § 1983 claims, even where the plaintiffs prior convictions were the result of guilty or no contest pleas. See, e.g., Szajer v. City of Los Angeles, 632 F.3d 607 (9th Cir.2011); Whitaker v.Garcetti, 486 F.3d 572 (9th Cir. 2007); Guerrero v. Gates, 442 F.3d 697, 704 (9th Cir.2006). In his § 1983 suit, Radwan challenges the search and seizure of the marijuana that formed the basis of his conviction for…