Francisco Duarte was heading back to his car after eating dinner at his favorite taco truck, when he saw Stockton, California police officers chasing and tackling a stranger. When he froze in place, police officers tackled him, pinned him to the ground, and beat his leg with a baton until it broke. They then charged Mr. Duarte with resisting arrest.
When Mr. Duarte attempted to sue the Stockton Police Department and the officers who broke his leg, the district court barred his lawsuit. It applied U.S. Supreme Court case Heck v. Humphrey, reasoning that his suit would undermine a criminal conviction – never mind that all charges against Mr. Duarte were dismissed and he was never convicted of anything.
That decision was a result of the Heck loophole, which has allowed officers to evade accountability by simply arresting and charging the person whose rights they violated.
The Roderick & Solange MacArthur Justice Center, alongside civil rights attorney Yolanda Huang, represented Mr. Duarte in his appeal to the Ninth Circuit.
UPDATE
The Ninth Circuit agreed that Mr. Duarte’s claims should not have been barred by Heck, reversing the district court’s dismissal of his case and allowing Mr. Duarte his day in court. This important win also significantly narrows the Heck loophole that has allowed police officers to escape accountability for even the most egregious of misconduct.
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