Legal Opinion
Smith v. City of Hemet
Court of Appeals for the Ninth Circuit
Decided January 10, 2005No. 02-56445PublishedCited by 579 opinions
1Opinion of the Court
Opinion by Judge REINHARDT; Dissent by Judge SILVERMAN.
*693REINHARDT, Circuit Judge.
We took this case en banc to clarify the law regarding whether, under Heck v. Humphrey, 512 U.S. 477, 114 S.Ct. 2364, 129 L.Ed.2d 383 (1994), a § 1983 action for excessive force is necessarily barred by a plaintiffs conviction under California Penal Code § 148(a)(1) for willfully resisting, delaying, or obstructing a peace officer in the performance of his duties. We also take this occasion to bring our circuit into line with the others with respect to the definition of “deadly force.”
Thomas Smith appeals the…
2Cases cited47 opinions
- Graham v. ConnorSupreme Court of the United States · 1989
- Heck v. HumphreySupreme Court of the United States · 1994
- Tennessee v. GarnerSupreme Court of the United States · 1985
- United States v. United States Gypsum Co.Supreme Court of the United States · 1978
- Scott v. HenrichCourt of Appeals for the Ninth Circuit · 1994
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3Cited by579 opinions
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- Robert Reese, Jr. v. County of SacramentoCourt of Appeals for the Ninth Circuit · 2018
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