In Duarte v. City of Stockton, published February 16, 2023, the 9th Circuit Court of Appeals reversed dismissal of the plaintiff's 42 U.S.C. section 1983 suit. The plaintiff was involved in an encounter with city police officers in which force was used upon the plaintiff. The plaintiff pleaded no contest to a charge under Penal Code section 148 for willfully resisting, obstructing,
and delaying a peace officer. The court accepted the plea and ordered it held in abeyance. The conditions from the plea form required the plaintiff to complete ten hours of community service and obey all laws. Six months later, after another hearing, the judge dismissed the case, on the prosecutor's motion and "in the interests of justice." The plaintiff sued for alleged excessive use of force and false arrest. The district court concluded that the suit was barred by the plaintiff's guilty plea, under Heck v. Humphrey (1994) 512 U.S. 477. It further concluded that the city and police department wre not "persons" subject to suit under section 1983.
The appellate court disagreed with both propositions. Heck requires a conviction and subsequent sentence. Here, there was no conviction or sentence. The plaintiff was never found or proved guilty. Although he pleaded no contest, a plea is not a conviction. There is no conviction without a subsequent order from the court. Here, the plea was held in abeyance, and then the case was dismissed. A dismissal is the opposite of a conviction. Further, both municipalities and their police departments are entities subject to Monell liability under section 1983.
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