United States Ninth Circuit
GUERRERO v. GATES, 02-56017
Plaintiff's section 1983 claims of wrongful arrest, malicious prosecution and conspiracy would necessarily imply the invalidity of his two narcotics convictions, and are therefore barred. The fact that he is no longer in custody and thus may not be able to overturn his prior convictions by means of habeas corpus does not preclude this bar.
Appellate Information
- Argued 10/08/2003
- Decided 01/29/2004
- Published 01/29/2004
Judges
- Before BRUNETTI, T.G. NELSON, and SILVERMAN, Circuit Judges.
Court
- United States Ninth Circuit
Counsel
- For Appellant:
- Stephen Yagman,Yagman & Yagman & Reichmann & Bloomfield, Venice, CA, for the plaintiff-appellant.
- For Appellees:
- Janet G. Bogigian, Deputy City Attorney, Los Angeles, CA, for the defendants-appellees.