AGC is pleased to announce that U.S. District Court Judge England granted the City of Chico's Motion for Summary Judgment as to the City of Chico and three of its police officers.

Plaintiff alleged that he was subject to the use of excessive force after being stopped and detained after a vehicle pursuit. Criminal charges were filed against Plaintiff arising out of the incident and Plaintiff was found guilty after a jury trial. Plaintiff filed an appeal of the criminal conviction. The Court of Appeal upheld the lower Court verdict.

Pending the appeal, Plaintiff filed a civil rights action under 42 U.S.C. § 1983, alleging excessive force. Roger A. Colvin of Alvarez-Glasman & Colvin filed a Motion for Summary Judgment requesting the court to dismiss the excessive force claim on the grounds that Plaintiff was barred under the holding Heck v. Humphrey, 512 U.S. 477 (1994). In his ruling, Judge England stated, "Plaintiff's excessive force claim is very clearly barred under Heck."

After Judge England's decision, Chico Police Chief Michael O'Brien expressed the following, "Thank you Roger. I have always appreciated your work on this and other legal issues. You and your team have been outstanding."