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NUNO v. COUNTY OF SAN BERNARDINO

No. ED CV 98-175 RT (VAPx).

58 F.Supp.2d 1127 (1999)

Jesus NUÑO, Plaintiff, v. COUNTY OF SAN BERNARDINO, San Bernardino County Sheriff, San Bernardino County Sheriff's Department, San Bernardino County Sheriff V. Moreno, # M3638, sued individually and in his official capacity, and does 1-10, inclusive, Defendants.

United States District Court, C.D. California.

July 28, 1999.

Attorney(s) appearing for the Case

Antonio H. Rodriguez, Rodriguez & Rodriguez, Los Angeles, CA, for plaintiff.

Aaron Hancock, Roberts & Morgan, Riverside, CA, for defendants.

ORDER GRANTING DEFENDANTS COUNTY OF SAN BERNARDINO AND VICTOR MORENO'S MOTION TO DISMISS.

TIMLIN, District Judge.

In Heck v. Humphrey, 512 U.S. 477, 114 S.Ct. 2364, 129 L.Ed.2d 383 (1994) (Heck), the Supreme Court held that a plaintiff seeking damages pursuant to 42 U.S.C. § 1983 (section 1983), based on factual allegations which would, if proven, render that plaintiff's previous criminal conviction or resulting...

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