Smithart v. Towery (9th Cir. 1996 Nev.) 79 F.3d 951

Heck Doctrine; Excessive Force

The 9th Circuit Court applied the Heck Doctrine to this case, concluding that the doctrine precluded a claim for excessive force for the actions in which the suspect pleaded guilty during his criminal case. However, it also concluded that since suspect claimed excessive force was used to subdue him, suspect could still sue for violation of civil rights based on this claim (to be convicted of a crime against LE, it must be shown by the prosecutor that LE did not use excessive force. Since suspect claimed excessive force, this claim was allowed to proceed).