Conviction Doesn't Bar Suit Over Police Shooting, Rules California Court of Appeal

Summary

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A wrongful death lawsuit arising from a police shooting is not barred by the conviction of the victim's companion at the time for assault on an officer, the California Court of Appeal has ruled in reversing a dismissal.

Under the U.S. Supreme Court's decision in Heck v. Humphrey (512 U.S. 477), a [section]1983 suit must be dismissed if a judgment in favor of the plaintiff would necessarily imply the invalidity of the plaintiff's underlying conviction. California courts have adopted a similar rule regarding analogous state civil rights suits.

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Extract

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Conviction Doesn't Bar Suit Over Police Shooting, Rules California Court of Appeal

In this case, the plaintiff's son was shot and killed in an incident involving p...

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