Heck v. Humphrey (1994) 512 U.S. 477 and Yount v. City of Sacramento (2008) 43 Cal.4th 885 hold that a plaintiff convicted of a crime cannot sue the police for violation of the plaintiff's civil rights, under either 42 U.S.C. section 1983 (Heck) or analogous California state law torts (Yount), if proving the civil case would necessarily imply the plaintiff's conviction was invalid. In Beets v. County of Los Angeles, published November 9, 2011, the Second District Court of Appeal, Division Eight, ruled that this rule did not apply in a case where one co-participant in a crime is killed in the course of the crime, and the other co-participant is convicted of the crime. Agreeing with the Ninth Circuit's decision in Cunningham v. Gates (9th Cir. 2002) 312 F.3d 1148, the Beets court concluded that unless the elements of collateral estoppel applied -- i.e., the issues in the wrongful death suit for the deceased co-participant are identical to those raised in the living co-participant's criminal trial; the living co-participant is convicted; and the heirs to the deceased co-participant are in privity with the living co-participant during the trial, Heck and Yount do not bar the wrongful death suit.
Government Liability Update
Pollak, Vida & Fisher's "Weblawg" of Important Developments in California Public Entity Tort Liability. Edited by Daniel P. Barer, Partner, Pollak, Vida & Fisher
Recent Posts
- Negligent False Imprisonment Does Not Support Liability under the Bane Act
- Supreme Court: Police Officers Generally Entitled to Qualified Immunity if Search Warrant Application Approved by Superior, D.A., and Neutral Magistrate
- County Sheriff Could Not Demote Lieutenant Sheriff for Opposing Him in Election; But Sheriff Entitled to Qualified Immunity
- Where Decedent's Accomplice's Conviction Litigated Issue of Whether Officer Acted with Excessive Force, Decedent's Family Barred from Suing Officer for Use of Excessive Force
- Ninth Circuit Rejects California Lower Appellate Courts' Decisions Concerning Discretionary Immunity for Foster Child Placement; Iqbal Standards Apply to Pleading Monell Liability
- Challenge to Denial of Zone Change Must Be Filed within 90 Days of Decision
- Suspect's Lawful Activities May Give Police Officers Cause to Fear for Own Safety and to Enter Home without Warrant
- Rulings in State Court FEHA Action and City Administrative Proceeding Preclude Plaintiff's Federal Suit for Retaliatory Termination
- A Police Chief Is "Removed" from Office under POBRA Even If Still Paid
- In Roadway Design Case, Court May Exclude Evidence of Accidents That Occurred Before Roadway Changed
Categories
- Administrative Law
- Claim Procedure
- Current Affairs
- Dangerous Conditions of Public Property
- Federal Civil Rights
- Fees and Costs
- Immunities
- Inverse Condemnation
- mandatory duty
- Miscellaneous
- Police Liability
- Prisoner's Rights
- Property Regulation
- Public Employment
- School District Liability
- State Law Civil Rights
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