In Sanders v. City of Pittsburg, filed September 23, 2021, the 9th Circuit Court of Appeals affirmed dismissal of a 42 U.S.C. section 1983 claim for use of excessive force. Police spotted the plaintiff in a stolen car, and chased him. Eventually a police dog bit him. The plaintiff pleaded no contest to multiple charges arising out of the incident, including a violation of Penal Code section 148(a)(1) for resisting arrest. While his criminal case was pending, he sued the officer who used the police dog for use of excessive force. The district court granted the defense's motion to dismiss based on the argument that Heck v. Humphrey (1994) 512 U.S. 477 barred the action.
The 9th circuit agreed. Under Heck a section 1983 claim must be dismissed if a judgment for the plaintiff would necessarily imply the invalidity of the plaintiff's conviction or sentence. Section 148(a)(1) bars resisting, delaying, or obstructing an officer during the lawful exercise of his duties. Use of excessive force is not within the performance of the officer's duty. A defendant cannot be convicted under section 148(a)(1) if the officer used excessive force at the time of the acts resulting in the conviction. Therefore, Heck bars the plaintiff's lawsuit.
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