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SANFORD v. MOTTS

No. 00-56926.

258 F.3d 1117 (2001)

Regina SANFORD; Keaira Smith, the minor daughter of Regina Sanford, by and through her guardian ad litem, Regina Sanford, Plaintiffs-Appellants, v. D. MOTTS, Compton Police Department Officer, in his personal and official capacity; City of Compton, a governmental entity, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed July 31, 2001.

Attorney(s) appearing for the Case

Adam Axelrad, Los Angeles, California, for the plaintiffs-appellants.

Wilmont A. Odom, Cal P. Saunders, Office of City Attorney, Compton, California, for the defendants-appellees.

Before: John T. NOONAN, Barry G. SILVERMAN, and Richard A. PAEZ, Circuit Judges.

Argued and Submitted July 11, 2001 — Pasadena, California.

NOONAN, Circuit Judge:

Regina Sanford and Keaira Smith appeal the judgment of the district court granting summary judgment in their section 1983 action against defendants Officer David Motts and the City of Compton. Holding that the plaintiffs' case is not barred by Heck v. Humphrey, 512 U.S. 477, 114 S.Ct. 2364, 129 L.Ed.2d 383 (1994), and that the plaintiffs...

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