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LEMOS v. COUNTY OF SONOMA

No. 19-15222.

40 F.4th 1002 (2022)

Gabbi LEMOS, Plaintiff-Appellant, v. COUNTY OF SONOMA; Steve Freitas; Marcus Holton, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed July 19, 2022.

Attorney(s) appearing for the Case

Izaak D. Schwaiger (argued), Schwaiger Law Firm, Sebastopol, California; John Houston Scott and Lizabeth N. de Vries , Scott Law Firm, San Francisco, California; for Plaintiff-Appellant.

Richard W. Osman (argued) and Sheila D. Crawford , Bertrand Fox Elliot Osman & Wenzel, San Francisco, California, for Defendants-Appellees.

Dissent by Judge Callahan

OPINION

Gabrielle Lemos appeals from the district court's dismissal of her claim under 42 U.S.C. § 1983 alleging that a sheriff's deputy used excessive force in arresting her. The district court held that Lemos's claim was barred by Heck v. Humphrey, 512 U.S. 477, 114 S...

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