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Excessive Force Action
In Hooper v. Cty. of San Diego, No. 09-55954, an action alleging that defendant-officers used excessive force, the court reversed summary judgment for defendant where success in plaintiff's section 1983 claim that excessive force was used during her arrest would not necessarily imply or demonstrate the invalidity of her conviction under Cal. Penal Code section 148(a)(1).
As the court wrote: "Deborah Hooper appeals the district court's grant of summary judgment to defendants on her excessive force claims. The district court held that Hooper's § 1983 claim was barred under Heck v. Humphrey, 512 U.S. 477 (1994), as a result of her conviction for resisting a peace officer under California Penal Code § 148(a)(1). We reverse the district court's decision on Hooper's § 1983 claim."
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