Deborah Hooper v. County of San Diego, et al
Filing
FILED OPINION (STEPHEN S. TROTT, WILLIAM A. FLETCHER and CHARLES R. BREYER) We hold that Hooper s 1983 excessive force claim against all of the defendants except Sheriff Kolender should not have been dismissed on summary judgment as barred by Heck. We reverse the district court s grant of summary judgment to those defendants on Hooper s 1983 claim. We vacate the district court s grant of summary judgment on Hooper s state-law claims and remand for reconsideration in light of Yount and our opinion in this case. Finally, we affirm the district court s grant of summary judgment to Sheriff Kolender. REVERSED in part, AFFIRMED in part, VACATED in part, and REMANDED for further proceedings. Costs on appeal to appellant Hooper. Judge: SST , Judge: WAF Authoring, Judge: CRB . FILED AND ENTERED JUDGMENT. [7598874]
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