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MILLS v. CITY OF COVINA

No. 17-56343.

921 F.3d 1161 (2019)

James MILLS, Plaintiff-Appellant, v. CITY OF COVINA, a California Municipal Corporation; Kim Raney, in his official capacity as the Chief of the City of Covina Police Department; Terrance Hanou, Officer; Does, 1-100, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed April 24, 2019.

Attorney(s) appearing for the Case

Joseph M. Adams (argued), Adams & Pham APC, Costa Mesa, California; Thomas H. Schelly and Kevin A. Lipeles , Lipeles Law Group APC, El Segundo, California; for Plaintiff-Appellant.

Trisha E. Newman (argued), Tony M. Sain (argued), and Andrea K. Kornblau , Manning & Kass Ellrod Ramirez Trester LLP, Los Angeles, California, for Defendants-Appellees.

Before: Andrew J. Kleinfeld, Jacqueline H. Nguyen, and Ryan D. Nelson, Circuit Judges.

OPINION

We consider whether the statute of limitations for a criminal defendant's 42 U.S.C. § 1983 action is tolled under California Code of Civil Procedure § 356 during the pendency of an appeal from a conviction, in light of the Supreme Court's rule in Heck v. Humphrey, 512 U...

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