NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FILED
FOR THE NINTH CIRCUIT
FEB 24 2017
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS
JORGE GALINDO, an individual, No. 15-55792
Plaintiff-Appellant, D.C. No.
8:14-cv-00179-AG-RNB
v.
CITY OF ORANGE and FERNANDO MEMORANDUM*
MALDONADO,
Defendants-Appellees.
Appeal from the United States District Court
for the Central District of California
Andrew J. Guilford, District Judge, Presiding
Argued and Submitted February 15, 2017
Pasadena, California
Before: TALLMAN and N.R. SMITH, Circuit Judges, and MURPHY,** District
Judge.
Jorge Galindo appeals the district court’s summary judgment dismissal of
*
This disposition is not appropriate for publication and is not precedent
except as provided by Ninth Circuit Rule 36-3.
**
The Honorable Stephen Joseph Murphy III, United States District
Judge for the Eastern District of Michigan, sitting by designation.
his 42 U.S.C. § 1983 excessive force claim and analogous state law claims against
the City of Orange and Officer Fernando Maldonado. We have jurisdiction under
28 U.S.C. § 1291, and we affirm.
Under the Supreme Court’s decision in Heck v. Humphrey, a plaintiff cannot
maintain a § 1983 suit for damages if success on the claim would “necessarily
imply” the invalidity of a related prior criminal conviction. 512 U.S. 477, 487
(1994). Thus, a claim is barred under Heck if the plaintiff “would have to negate an
element of the offense of which he has been convicted,” id. at 486 n.6, or make
specific factual allegations inconsistent with his criminal conviction, Cunningham
v. Gates, 312 F.3d 1148, 1154 (9th Cir. 2002). California recognizes a similar
doctrine, and “[t]he California Supreme Court has not distinguished between the
application of Heck to § 1983 [excessive force] claims and the application of
analogous California law to state-law claims.” Hooper v. Cty. of San Diego, 629
F.3d 1127, 1134 (9th Cir. 2011) (citing Yount v. City of Sacramento, 183 P.3d 471,
484 (Cal. 2008)).
Galindo’s suit is barred for two reasons. First, to prevail on his § 1983 claim,
Galindo must negate an element of his California Penal Code section 148(a)(1)
conviction. For a valid section 148(a)(1) conviction, “the defendant must have
resisted, delayed, or obstructed a police officer in the lawful exercise of” the
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officer’s duties. Hooper, 629 F.3d at 1130 (internal quotation marks, citation, and
alterations omitted). “The lawfulness of the officer’s conduct is an essential
element of the offense under section 148(a)(1).” Id. The actions to which Galindo
pleaded guilty under section 148(a)(1) occurred at the same time Officer
Maldonado allegedly used excessive force.1 This circumstance means Galindo
must negate an element of his conviction—Officer Maldonado’s lawful exercise of
his duties—to prevail on his § 1983 claim.
Additionally, Galindo’s claim is barred because he pleaded specific factual
allegations in his § 1983 complaint that are inconsistent with the admissions
supporting his criminal conviction. See Cunningham, 312 F.3d at 1154. Galindo
alleges in his complaint that he “was not offering any resistance,” “there was no
reason for him to not be able to be free from being detained,” and he “was engaged
in lawful activity.” But Galindo’s allegations directly contradict his guilty plea
admissions that he “resisted, delayed, [and] obstructed Officer Fernando
Maldonado,” “refus[ed] Officer Maldonado’s commands,” and “refus[ed] to show
1
Galindo pleaded guilty and stipulated to “refusing to show [his] hands.”
When Officer Maldonado shot Galindo, his hands were not showing. Galindo’s left
hand was out of sight and his right hand was reaching towards his left pocket. Even
Galindo now alleges in his complaint that he was “attempting to provide his
identification . . . when” he was shot.
3
[his] hands despite numerous requests.” Because Galindo expressly disclaims acts
to which he pleaded guilty, his claim necessarily fails under Heck.
AFFIRMED.
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