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Resisting Arrest Conviction Does not Bar Beating Suit
A conviction for resisting arrest did not bar a claim for excessive force during arrest under the rule of Heck v. Humphrey, since the lawfulness of the arrest (an element of the criminal offense) need not be negated for the plaintiff to prevail.
The claim is not barred by collateral estoppel either. The district court's reading of the state court trial record indicates that his conviction was based on fleeing the scene and not on what happened later, when he says he was beaten. A lawful arrest may be effectuated in an unlawful manner. See: Martinez v. City of Albuquerque, 184 F.3d 1123 (10th Cir. 1999).
The claim is not barred by collateral estoppel either. The district court's reading of the state court trial record indicates that his conviction was based on fleeing the scene and not on what happened later, when he says he was beaten. A lawful arrest may be effectuated in an unlawful manner. See: Martinez v. City of Albuquerque, 184 F.3d 1123 (10th Cir. 1999).
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Related legal case
Martinez v. City of Albuquerque
| Year | 1999 |
|---|---|
| Cite | 184 F.3d 1123 (10th Cir. 1999) |
| Level | Court of Appeals |
| Injunction Status | N/A |