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Demurrer CLM

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6 Cited authorities

  1. Heck v. Humphrey

    512 U.S. 477 (1994)   Cited 30,116 times   25 Legal Analyses
    Holding that a Section 1983 plaintiff may not seek damages for an allegedly unconstitutional conviction or sentence unless the conviction or sentence has been invalidated

  2. Allen v. City of Sacramento

    234 Cal.App.4th 41 (Cal. Ct. App. 2015)   Cited 409 times
    Holding allegation of "a wrongful arrest or detention, without more, does not" state a claim for violation of the Bane Act

  3. Yount v. City of Sacramento

    43 Cal.4th 885 (Cal. 2008)   Cited 267 times
    Holding that plaintiff's unlimited no contest plea established his culpability for resisting an officer during the entire incident

  4. Hooper v. County of San Diego

    629 F.3d 1127 (9th Cir. 2011)   Cited 241 times
    Holding that a conviction for resisting arrest under California Penal Code § 148 does not "bar a § 1983 claim for excessive force under Heck if the conviction and the § 1983 claim are based on different actions during 'one continuous transaction'"

  5. Section 1983 - Civil action for deprivation of rights

    42 U.S.C. § 1983   Cited 501,910 times   706 Legal Analyses
    Holding liable any state actor who "subjects, or causes [a person] to be subjected" to a constitutional violation

  6. Rule 2.112 - Separate causes of action, counts, and defenses

    Cal. R. 2.112   Cited 55 times

    Each separately stated cause of action, count, or defense must specifically state: (1) Its number (e.g., "first cause of action"); (2) Its nature (e.g., "for fraud"); (3) The party asserting it if more than one party is represented on the pleading (e.g., "by plaintiff Jones"); and (4) The party or parties to whom it is directed (e.g., "against defendant Smith"). Cal. R. Ct. 2.112