Legal Opinion

Hooper v. County of San Diego

Court of Appeals for the Ninth Circuit

Decided January 4, 2011No. 09-55954PublishedCited by 103 opinions

1Opinion of the Court

OPINION

W. FLETCHER, Circuit Judge:

Deborah Hooper appeals the district court’s grant of summary judgment to defendants on her excessive force claims. The district court held that Hooper’s § 1983 claim was barred under Heck v. Humphrey, 512 U.S. 477, 114 S.Ct. 2364, 129 L.Ed.2d 383 (1994), as a result of her conviction for resisting a peace officer under California Penal Code § 148(a)(1). We reverse the district court’s decision on Hooper’s § 1983 claim.

I. Background

On May 9, 2006, Deborah Hooper was detained by a privately employed loss prevention officer at a Long’s Drugs store in Encinitas,…

2Cases cited19 opinions

  1. Graham v. ConnorSupreme Court of the United States · 1989
  2. Heck v. HumphreySupreme Court of the United States · 1994
  3. Scott v. HarrisSupreme Court of the United States · 2007
  4. Smith v. City of HemetCourt of Appeals for the Ninth Circuit · 2005
  5. Hadley v. GutierrezCourt of Appeals for the Eleventh Circuit · 2008

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3Cited by103 opinions

  1. Robert Reese, Jr. v. County of SacramentoCourt of Appeals for the Ninth Circuit · 2018
  2. Essex Hayward v. Cleveland Clinic Found.Court of Appeals for the Sixth Circuit · 2014
  3. Gabbi Lemos v. County of SonomaCourt of Appeals for the Ninth Circuit · 2022
  4. Walter Hill v. Joseph MurphyCourt of Appeals for the Seventh Circuit · 2015
  5. Morgan Sanders v. City of PittsburgCourt of Appeals for the Ninth Circuit · 2021

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