Opinion

Brown v. City and County of San Francisco

Court
Court of Appeals for the Ninth Circuit
Filed
Jun 29, 2026
Status
Unpublished
Cited by
0 cases
Authority
More cited than 41.1%

The opinion

NOT FOR PUBLICATION FILED

UNITED STATES COURT OF APPEALS JUN 29 2026

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS

FOR THE NINTH CIRCUIT

GREGORY L. BROWN, No. 26-563

D.C. No. 3:25-cv-06667-WHO

Plaintiff - Appellant,

v.

MEMORANDUM*

CITY AND COUNTY OF SAN

FRANCISCO; BROOKE JENKINS,

District Attorney, City and County of San

Francisco; ROB BONTA, Attorney General

for the State of California; FLOYD

ANDREWS; ALLISON MACBETH;

ALEX BERSTEIN; GREGORY OTT,

Assistant Attorney General; LISA OTT;

CLAUDIA PHILLIPS,

Defendants - Appellees.

Appeal from the United States District Court

for the Northern District of California

William Horsley Orrick, District Judge, Presiding

Submitted June 22, 2026**

Before: CANBY, BENNETT, and BADE, Circuit Judges.

*

This disposition is not appropriate for publication and is not precedent

except as provided by Ninth Circuit Rule 36-3.

**

The panel unanimously concludes this case is suitable for decision

without oral argument. See Fed. R. App. P. 34(a)(2).

California state prisoner Gregory L. Brown appeals pro se from the district

court’s judgment dismissing his 42 U.S.C. § 1983 action alleging various

constitutional claims in connection with his arrest, conviction, and sentencing in

state court. We have jurisdiction under 28 U.S.C. § 1291. We review de novo a

dismissal under 28 U.S.C. § 1915A. Wilhelm v. Rotman, 680 F.3d 1113, 1118 (9th

Cir. 2012). We affirm.

The district court properly dismissed Brown’s action as barred by Heck v.

Humphrey, 512 U.S. 477 (1994), because success on Brown’s claims would

necessarily imply the invalidity of his conviction or sentence, and Brown has not

demonstrated that his conviction or sentence has been invalidated. See Heck, 512

U.S. at 486-87 (holding that if “a judgment in favor of the plaintiff would

necessarily imply the invalidity of his conviction or sentence . . . the complaint

must be dismissed unless the plaintiff can demonstrate that the conviction or

sentence has already been invalidated”).

Contrary to Brown’s contention, the district court was required to screen

Brown’s complaint despite his payment of the filing fee. See 28 U.S.C. § 1915A

(requiring screening of complaints in civil actions “in which a prisoner seeks

redress from a governmental entity” or an officer or employee thereof).

AFFIRMED.

2 26-563

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

A word about cookies

We need a few to keep you signed in and the library working. The rest help us see which pages people use and where they get stuck. They stay off unless you say yes.