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United States Ninth Circuit


CUNNINGHAM v. GATES, 01-56339

Claims by a plaintiff, who was convicted of robbery and murder, alleging excessive force by a police department, are barred under Heck v. Humphrey, 512 U.S. 477, because the theories asserted would call into question plaintiff's state convictions. Claims by the parents of plaintiff's deceased accomplice are not barred. (Amended opinion)

Appellate Information

  • Argued 10/10/2002
  • Decided 12/13/2002
  • Published 01/14/2003

Judges

  • McKEOWN, Circuit Judge., Before: GOODWIN, RYMER, and McKEOWN, Circuit Judges.

Court

  • United States Ninth Circuit

Counsel

  • For Appellant:
  • Stephen Yagman,Kathryn Bloomfield, Marion R. Yagman, and Joseph Reichmann, Yagman & Yagman & Reichman, Venice Beach, California, for the appellants.

  • For Appellees:
  • Rockard J. Delgadillo, Daniel Woodard, and Amy Jo Field, Office of the City Attorney, Los Angeles, California, for the appellees.
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