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SMITH v. CITY OF HEMET

No. 02-56445.

356 F.3d 1138 (2004)

Thomas SMITH, Plaintiff-Appellant, v. CITY OF HEMET, a municipal corporation; Hemet Police Department; Lee Evanson; Dave Quinn; Aaron Medina; Reinbolt; Trainer; Nate Miller; Peter Hewitt, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed January 29, 2004.

Attorney(s) appearing for the Case

Donald W. Cook, Esq. and Robert Mann, Esq., Los Angeles, CA, for the plaintiff-appellant.

Julie H. Biggs, City Attorney, Hemet, CA; Elizabeth R. Feffer, Esq., Burke, Williams & Sorensen, LLP, Los Angeles, CA, for the defendants-appellees.

Before SILVERMAN, W. FLETCHER, and RAWLINSON, Circuit Judges.

Opinion by Judge RAWLINSON; Dissent by Judge W. FLETCHER

OPINION

RAWLINSON, Circuit Judge.

In this case, we once again address the quagmire created by the interplay between Heck v. Humphrey, 512 U.S. 477, 114 S.Ct. 2364, 129 L.Ed.2d 383 (1994) and convictions for violations of California Penal Code § 148. Because the California courts have interpreted § 148 in such a manner as to incorporate a finding...

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