Hackworth v. Rangel

1 Citing case

  1. Singanonh v. Fine

    No. 2:18-cv-1824 KJM AC P (E.D. Cal. May. 6, 2020)

    . 1:06-cv-0773 RC, 2013 WL 3815882, at *4-5, 2013 U.S. Dist. LEXIS 102266, at *11-16 (E.D. Cal July 22, 2013) (holding that disciplinary conviction for attempted battery did not preclude claim that defendant responded with excessive force even though plaintiff denied the attempted battery); Shelton v. Chorley, No. 1:07-cv-0560-MHM, 2011 WL 1253655, at *4, 2011 U.S. Dist. LEXIS 35053, at *12 (E.D. Cal. Mar. 31, 2011) (holding that attempted battery and excessive force were not mutually exclusive because it was "possible that Plaintiff attempted to batter Defendant and that Defendant used excessive force in subduing Plaintiff" (emphasis in original) (citations omitted)); Puckett v. Agboli, No. 2:14-cv-2776 JAM DMC P, 2019 WL 426146, at *5, 2019 U.S. Dist. LEXIS 17667, at *15-16 (E.D. Cal. Feb. 4, 2019) (finding that defendants used excessive force "would not necessarily mean plaintiff did not also commit a willful battery on defendants . . . because the two are not mutually exclusive"); Hackworth v. Rangel, 482 F. App'x 299 (9th Cir. 2012) (vacating district court's grant of summary judgment because success on excessive force claim would not necessarily invalidate disciplinary conviction). The court notes that although defendant cites a number of cases in support of this position, ECF No. 33-1 at 6, several of the cases he cites are distinguishable from this case because an element of the plaintiffs' underlying offenses in those cases was that the defendants had been engaged in the lawful performance of their duties and therefore did not use excessive force, seeBeets v. County of Los Angeles, 669 F.3d 1038, 1041 (9th Cir. 2012); Ortega v. Mattocks, No. 13-cv-6016 JSC, 2014 WL 7275372, at *3, 2014 U.S. Dist. LEXIS 176396, at *8 (E.D. Cal. Dec. 22, 2014); Muhammad v. Garrett, 66 F. Supp. 3d 1287, 1291 (E.D. Cal. 2014). The remaining cases defendant relies on, which found excessive force claims barred by disciplinary convictions for resisting a peace officer resulting in the use of force, battery, and attempted battery, a