Can a plaintiff bring a claim for wrongful arrest, malicious prosecution and wrongful imprisonment?

MultiRegion, United States of America

The following excerpt is from Rojas v. Cnty. of San Diego, Case No.: 3:17-cv-01825-WQH-WVG (S.D. Cal. 2017):

However, such claims "necessarily imply the invalidity" of his conviction and continued incarceration. Heck, 512 U.S. at 487. In other words, were Plaintiff to succeed in showing that he was wrongfully convicted based on false evidence or perjured testimony, an award of damages would "necessarily imply the invalidity" of his conviction and/or sentence. Id.; see also Guerrero v. Gates, 442 F.3d 697, 701 (9th Cir. 2006) (finding 1983 action stemming from allegations of wrongful arrest, malicious prosecution, and a general conspiracy of "bad behavior" among officials in connection with the plaintiff's arrest, prosecution, and incarceration were barred by Heck).

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