Pedro Rosales-Martinez v. Colby Palmer
2014 U.S. App. LEXIS 10254
| 9th Cir. | 2014Background
- Pedro Rosales‑Martinez was convicted in Nevada state court on multiple drug counts in 2004, sentenced to 10–25 years, and served ~4.5 years.
- He alleged police and parole/probation officers suppressed and failed to disclose the criminal history of the prosecution’s key confidential informant (Guadalupe Cortez / alias Jorge Algarin), which undermined his defense.
- In state habeas proceedings, the original convictions were vacated on December 2, 2008; Rosales‑Martinez then pleaded guilty to a lesser count (Unlawful Giving Away of a Controlled Substance) and was sentenced to time served with credit for 501 days, and released.
- Rosales‑Martinez filed a § 1983 suit in federal court on December 1, 2010 alleging wrongful conviction and suppression of exculpatory evidence; the district court dismissed the suit as time‑barred under Nevada’s two‑year statute of limitations.
- The Ninth Circuit granted Washoe County’s request to take judicial notice of the state court plea/stipulation and remanded, holding the § 1983 claim did not accrue until the convictions were invalidated and finding the district court erred in dismissing as untimely.
- The panel (1) rejected the officer’s argument that the complaint lacked allegations of willfulness, (2) dismissed municipal claims without prejudice for failure to plead Monell facts, and (3) directed the district court on remand to assess how the December 2, 2008 plea and re‑conviction on a lesser count affect the scope of relief under Heck and related precedents.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| When did Rosales‑Martinez’s § 1983 claim accrue for statute of limitations purposes? | Accrual did not occur until the state court vacated the convictions / he was released (Dec 2, 2008). | Accrual occurred when he learned (while imprisoned) that the informant’s criminal history had been withheld (before Dec 2, 2008), so suit filed Dec 1, 2010 is untimely. | Accrual deferred under Heck: claim accrued only after convictions were invalidated (Dec 2, 2008); suit timely. |
| Whether allegations against Officer Palmer pleaded willful or deliberate misconduct sufficient for § 1983. | Complaint alleges Palmer knew or should have known of informant’s history and willfully failed to disclose it. | Palmer argued complaint lacked allegations of deliberate indifference or reckless disregard. | Court held pro se allegations of willful conduct are sufficient at pleading stage. |
| Whether municipal defendants (Washoe County, City of Reno) were properly alleged liable under Monell. | Plaintiff alleged failures in training/records systems and discriminatory treatment of Mexican‑Americans. | Defendants argued municipal liability not adequately pleaded. | Court dismissed municipal claims without prejudice and granted leave to amend to plead Monell claims. |
| Whether the post‑vacatur plea/reconviction to a lesser count precludes relief under Heck (i.e., inconsistency problem; effect on damages). | Plaintiff argued vacatur of original convictions permits § 1983 suit for wrongful conviction damages. | Defendants pointed to plea and remaining conviction/time‑served as potentially inconsistent with a civil judgment that his conviction was unlawful. | Court remanded for district court to evaluate consistency issues and the scope of permissible damages in light of the guilty plea to a lesser count and the credit for time served. |
Key Cases Cited
- Heck v. Humphrey, 512 U.S. 477 (1994) (a § 1983 claim that would necessarily imply the invalidity of a conviction or sentence accrues only after that conviction or sentence is invalidated)
- Wallace v. Kato, 549 U.S. 384 (2007) (explains Heck accrual rule and deferred accrual for claims implicating the validity of confinement)
- Brady v. Maryland, 373 U.S. 83 (1963) (prosecution’s suppression of material exculpatory evidence violates due process)
- Giglio v. United States, 405 U.S. 150 (1972) (prosecutor must disclose evidence affecting witness credibility)
- Monell v. Department of Social Services, 436 U.S. 658 (1978) (municipalities are liable under § 1983 only for constitutional violations resulting from official policy or custom)