{"id":19809,"date":"2015-12-06T00:37:37","date_gmt":"2015-12-06T05:37:37","guid":{"rendered":"http:\/\/fourthamendment.com\/?p=19809"},"modified":"2015-12-05T19:39:50","modified_gmt":"2015-12-06T00:39:50","slug":"ca9-narrows-the-heck-bar-even-more-and-attendees-of-a-party-had-no-standing-to-challenge-a-police-entry","status":"publish","type":"post","link":"https:\/\/fourthamendment.com\/?p=19809","title":{"rendered":"CA9 narrows the Heck bar even more; and attendees of a party had no standing to challenge a police entry"},"content":{"rendered":"

In a \u00a7 1983 lawsuit over an LAPD entry into a warehouse to break up a music party that resulted in an arrest of a few for resisting, the individual plaintiffs who were attendees of the party lacked standing to sue over the entry into the warehouse because it was, as to them, a public place. The subrenter of the warehouse lacked standing as to this entry. The event organizers had standing. There were no exigent circumstances for the entry. The convicted plaintiffs\u2019 claims are barred by Heck. “We are not an alternative forum for challenging his conviction.” Lyall v. City of Los Angeles<\/a>, 2015 U.S. App. LEXIS 21055 (9th Cir. Dec. 4, 2015)
\n<\/p>\n

We have looked to the separate Spencer [Spencer v. Kemna, 523 U.S. 1 (1998)] opinions for guidance as to whether Heck’s favorable-termination requirement applies in all \u00a7 1983 cases and have concluded that, at least sometimes, it does not. Two cases, Nonnette v. Small, 316 F.3d 872 (9th Cir. 2002), and Guerrero v. Gates, 442 F.3d 697 (9th Cir. 2006), define the rough boundaries of the Heck bar, as we have construed it post-Spencer. In Nonnette, a state prisoner, after first exhausting his prison administrative remedies, brought a \u00a7 1983 suit against prison officials, alleging that they wrongly revoked some of his good-time credits and placed him in administrative segregation without giving him adequate process. The district court held that his \u00a7 1983 action was barred by Heck. By the time we heard his appeal, however, the inmate had been released. We held that because any habeas corpus petition filed by the now-former inmate would be dismissed as moot, he was not barred by Heck from bringing a \u00a7 1983 suit. Nonnette, 316 F.3d at 877. We stated that this holding “affects only former prisoners challenging loss of good-time credits, revocation of parole or similar matters; the status of prisoners challenging their underlying convictions or sentences does not change upon release, because they continue to be able to petition for a writ of habeas corpus.” Id. at 878 n.7.<\/p>\n

In Guerrero, decided four years later, we distinguished Nonnette and concluded that an ex-inmate’s \u00a7 1983 suit was barred by Heck. The plaintiff in Guerrero alleged that various LAPD officials had conspired to subject him to excessive force, wrongful arrest, and malicious prosecution. Guerrero, 442 F.3d at 702. He did not file suit until approximately a year after his release from prison. Id. Examining our previous decisions, we determined that “timely pursuit of available habeas relief” is an important prerequisite for a \u00a7 1983 plaintiff seeking to escape the Heck bar. Id. at 705. Thus, we explained, the plaintiff in Nonnette deserved relief from the Heck bar because he “immediately pursued relief after the incident giving rise to [his] claims and could not seek habeas relief only because of the shortness of his prison sentence.” Id. Guerrero, by contrast, never challenged his convictions prior to filing his \u00a7 1983 suit, despite having years in custody in which to do so. We held that this “self-imposed” failure to seek habeas relief was not a ground for allowing Guerrero to escape the Heck bar.<\/p>\n

Cortez’s case is more akin to Guerrero than to Nonnette. Cortez does not come within the narrow exception recognized in Spencer and Nonnette. Nonnette’s relief from Heck “‘affects only former prisoners challenging loss of good-time credits, revocation of parole or similar matters,’ not challenges to an underlying conviction.” Id. (quoting Nonnette, 316 F.3d at 878 n.7). We are not an alternative forum for challenging his conviction. We therefore affirm the district court’s grant of summary judgment to the defendants with respect to Cortez’s unreasonable-seizure claim.<\/p><\/blockquote>\n","protected":false},"excerpt":{"rendered":"

In a \u00a7 1983 lawsuit over an LAPD entry into a warehouse to break up a music party that resulted in an arrest of a few for resisting, the individual plaintiffs who were attendees of the party lacked standing to … Continue reading →<\/span><\/a><\/p>\n","protected":false},"author":2,"featured_media":0,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[45,34],"tags":[],"class_list":["post-19809","post","type-post","status-publish","format-standard","hentry","category-45","category-standing"],"_links":{"self":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/19809","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/users\/2"}],"replies":[{"embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=19809"}],"version-history":[{"count":1,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/19809\/revisions"}],"predecessor-version":[{"id":19810,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/19809\/revisions\/19810"}],"wp:attachment":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=19809"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=19809"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=19809"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}