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

The Heck v. Humphrey preclusion doctrine bars a plaintiff who has been convicted of a crime from bringing a lawsuit under 42 U.S.C. section 1983 that, if successful, would invalidate the basis for the plaintiff's conviction.  In Beets v. County of Los Angeles, published February 10, 2012, the 9th Circuit applied the Heck v. Humphrey preclusion doctrine to a situation where the decedent's accomplice -- not the plaintiff or decedent -- was convicted.

The decedent was killed by police officers while he and the accomplice were fleeing and resisting arrest.  When the accomplice was prosecuted, the jury was asked to find that the officer who killed the decedent was acting in the scope of his duties and was not using excessive force.  Under these circumstances, the 9th Circuit ruled, the decedent's heirs were barred from suing the police officer for use of excessive force.