Kristy Beets v. County of Los Angeles
2012 U.S. App. LEXIS 2654
9th Cir.2012Background
- Beets and Rose, as parents and successors in interest of Glenn Patrick Rose, sue Deputy Winter under 42 U.S.C. § 1983 for excessive force in GPR's killing.
- District court dismissed under Heck v. Humphrey because Morales's criminal conviction would necessarily invalidate a § 1983 claim opposing the same conduct.
- Morales, GPR’s accomplice, was convicted on multiple counts including aiding and abetting an assault on a peace officer with a deadly weapon.
- Morales' conviction rested on Winter acting within the scope of his employment and not using excessive force, under a theory that tied her culpability to GPR’s conduct.
- Plaintiffs sought to show Deputy Winter used excessive force, which would undermine Morales’ conviction and thus potentially contradict the criminal verdict.
- The Ninth Circuit affirms the district court, holding Heck bars the civil action given the facts and the community of interest between Morales and plaintiff-plaintiffs.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Does Heck bar apply to plaintiffs not convicted? | Plaintiffs argue Heck should not apply to non-parties. | Morales' conviction and the related facts bind the civil suit. | Yes, Heck bars the action. |
| Whether Morales' conviction forecloses the § 1983 claim by plaintiffs. | Morales’ conviction should not preclude plaintiffs' claims. | Conviction rests on Winter acting within scope and not using excessive force; civil action would undermine it. | Morales' conviction bars plaintiffs' § 1983 action. |
| Can plaintiffs separate Winter’s actions from Morales’ criminal activity to avoid Heck? | The shooting could be separable from Morales’ earlier acts. | There is no meaningful separation; the acts are part of a single criminal transaction. | No; the actions are within the temporal scope of the same crime. |
| Is there sufficient community of interest to bind plaintiffs to Morales’ verdict? | Plaintiffs were not parties to Morales’ prosecution; they shouldn’t be bound. | There is a community of interest because the same facts determine both Morales' conviction and the § 1983 claim. | Yes, sufficient community of interest exists. |
Key Cases Cited
- Heck v. Humphrey, 512 U.S. 477 (1984) (precludes § 1983 claims when success would undermine a criminal conviction unless the conviction is invalidated)
- Smith v. City of Hemet, 394 F.3d 689 (9th Cir. 2005) (whether a later § 1983 claim is incompatible with a prior conviction depends on the 'necessarily imply' standard)
- Cunningham v. Gates, 312 F.3d 1148 (9th Cir. 2002) (no break between criminal act and police response defeats excessive-force claim under Heck)
- City of Hemet, 394 F.3d 682 (9th Cir. 2005) (discusses applicability of Heck to police excessive-force claims when conviction rests on same facts)