In prisoner cases, courts have since recognized that “it is possible for an excessive force action and a battery conviction to coexist without running afoul of Heck[.]” Calloway v. Oaks, No. 1:08-cv-01896 LJO GSA PC, 2013 WL 4586442, at *3 (E.D. Cal. Aug. 28, 2013) (involving this same plaintiff for an incident that occurred at Corcoran State Prison). In Simpson v. Thomas, No. 2:03-cv-00591 MCE GGH, 2009 WL 1327147 (E.D. Cal. May 12, 2009), the district court denied summary judgment to defendant on the ground that plaintiffs excessive force claim was barred by his battery conviction arising out of the same incident.
Simpson v. Thomas, 528 F.3d 685, 691, 695 (9th Cir. 2008) ("Heck is not an evidentiary doctrine."). Melton v. Murphy, No. 05-366, 2008 WL 2697333, at *2 (E.D. Pa. Jul. 9, 2008) (citing Simpson, 528 F.3d at 695); see also Calloway v. C/O Oaks, No. 08-1896, 2013 WL 4586422, at *4 (E.D. Ca. Aug. 28, 2013) (citing Simpson, 528 F.3d at 695-96) (refusing to preclude evidence in a civil rights action that corrections officers initiated physical contact with the plaintiff on the ground that the plaintiff was convicted of battery on a peace officer). Simpson, 528 F.3d at 696.
However, in Smithart v. Towery, 79 F.3d 951, 952-53 (9th Cir. 1996), the Ninth Circuit held that where "a successful section 1983 action for excessive force would not necessarily imply the invalidity of [plaintiff's] arrest or conviction, Heck does not preclude [plaintiff's] excessive force claim." In prisoner cases, courts have since recognized that "it is possible for an excessive force action and a battery conviction to coexist without running afoul of Heck[.]" Calloway v. Oaks, No. 1:08-cv-01896 LJO GSA PC, 2013 WL 4586442, at *3 (E.D. Cal. Aug. 28, 2013). In Simpson v. Thomas, No. 2:03-cv-00591 MCE GGH, 2009 WL 1327147 (E.D. Cal. May 12, 2009), the district court denied summary judgment to defendant on the ground that plaintiff's excessive force claim was barred by his battery conviction arising out of the same incident.
However, in Smithart v. Towery, 79 F.3d 951, 952-53 (9th Cir. 1996), the Ninth Circuit held that where "a successful section 1983 action for excessive force would not necessarily imply the invalidity of [plaintiff's] arrest or conviction, Heck does not preclude [plaintiff's] excessive force claim." In prisoner cases, courts have since recognized that "it is possible for an excessive force action and a battery conviction to coexist without running afoul of Heck[.]" Calloway v. Oaks, No. 1:08-cv-01896 LJO GSA PC, 2013 WL 4586442, at *3 (E.D. Cal. Aug. 28, 2013). In Simpson v. Thomas, No. 2:03-cv-00591 MCE GGH, 2009 WL 1327147 (E.D. Cal. May 12, 2009), the district court denied summary judgment to defendant on the ground that plaintiff's excessive force claim was barred by his battery conviction arising out of the same incident.