Reardon
Reardon v. City of Chico
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA 10 SEAN PATRICK REARDON, No. 2:15-cv-02410-MCE-DMC Plaintiff, v. ORDER CITY OF CHICO, et al., Defendants. 16 By way of this action, Plaintiff Sean Patrick Reardon (“Plaintiff”) seeks to recover from Defendants for injuries sustained when City of Chico police officers purportedly utilized excessive force during the course of Plaintiff’s arrest. Defendants previously moved for summary judgment arguing, among other things, that Plaintiff’s federal excessive force claim is barred under the doctrine set forth in Heck v. Humphrey, 512 U.S. 477 (1994), because Plaintiff had sustained a felony conviction for resisting an executive officer in violation of California Penal Code section 69 based on the same incident underlying his current Complaint. Plaintiff had appealed his conviction, however, and it was not yet final. Accordingly, the Court denied the pending motion for summary judgment without prejudice to renewal once the state…