Mills v. City of Covina, No. 17-56343 (9th Cir. 2019)Annotate this Case
The statute of limitations for a criminal defendant's 42 U.S.C. 1983 action is not 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.S. 477 (1994). In this case, plaintiff filed suit under 42 U.S.C. 1983 after his convictions for possession of a controlled substance and a smoking device were overturned, because the Superior Court erred in denying plaintiff's suppression motion.
The Ninth Circuit affirmed the district court's judgment and held that plaintiff's claims for unlawful stop and detention, false arrest, and false imprisonment were time-barred because Heck did not legally prevent plaintiff from commencing those claims during his appeal. Therefore, tolling under section 356 was not triggered. The panel held that plaintiff's malicious prosecution and Monell actions were also barred, because reversal of his conviction was not a favorable termination.