Opinion

Gettings

Court
District Court, E.D. California
Filed
Feb 4, 2026
Cited by
0 cases
Authority
More cited than 41.4%

The opinion

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8 UNITED STATES DISTRICT COURT

9 FOR THE EASTERN DISTRICT OF CALIFORNIA

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11 JIMMY GETTINGS, No. 2:21-cv-01139-DJC-SCR

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Plaintiff,

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v. ORDER

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COUNTY OF SHASTA, et al.,

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Defendants.

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17 Plaintiff Jimmy Gettings brought the present action under 18 U.S.C. § 1983,

18 alleging violations of his constitutional rights in connection with several encounters

19 with Defendants Ryan Kacalek and Molly Roberts in July 2019. These encounters stem

20 from Plaintiff’s alleged sale of baby chickens from his vehicle and ultimately

21 culminated with Plaintiff being cited for a violation of California Penal Code section

22 597.4 and later arrested for violations of Vehicle Code sections 4000 and 12500.

23 Presently before the Court is Defendants’ Motion for Summary Judgment.

24 (Mot. (ECF No. 72).) Also before the Court is Defendants’ concurrently filed Motion to

25 Exclude Opinions and Testimony of Plaintiff’s Expert Debra Erikson. (ECF No. 71.) For

26 the reasons stated below, Defendants’ Motion for Summary Judgment is granted in

27 part and denied in part. Defendants’ Motion to Exclude Plaintiff’s Expert is denied as

28 moot.

1 BACKGROUND

2 On July 6, 2019, Defendant Molly Roberts, an Animal Regulation Officer for the

3 Shasta County Sheriff’s Office, responded to a report that an individual was selling live

4 animals in a lot. (Defendants’ Statement of Undisputed Facts (“DSUF”) (ECF No. 77-1)1

5 ¶¶ 2–3.) Defendant Roberts encountered Plaintiff Jimmy Gettings at a lot owned by

6 the City of Redding, where Plaintiff was selling baby chickens. (Id. ¶¶ 4–7.) Defendant

7 Roberts advised Plaintiff that he was violating Penal Code section 597.4 by selling

8 baby chickens in that location, and if he continued to do so, he would receive a

9 citation.2 (Id. ¶¶ 7–8.) After the encounter, Plaintiff left the area. (Id. ¶ 9.)

10 On July 13, 2019, Defendant Roberts observed Plaintiff at a location near

11 Dersch Road with baby chickens and a sign that read “Baby Chickens for Sale.” (Id.

12 ¶ 11.) Defendant Roberts requested assistance from Defendant Ryan Kacalek, a

13 Deputy in the Shasta County Sheriff’s Office, and told him she had observed Plaintiff

14 violating Penal Code section 597.4. (Id. ¶ 12.) While responding to the request,

15 Defendant Kacalek saw Plaintiff driving away from the location Defendant Roberts had

16 reportedly observed him. (Id. ¶ 13.) Defendant Kacalek stopped Plaintiff’s vehicle

17 and asked for identification. (Id. ¶¶ 14, 16.) Plaintiff provided a California

18 identification card and a valid Illinois driver’s license. (Id. ¶ 16.) Defendant Roberts,

19 who arrived after the initial stop began, issued Plaintiff a citation for violation of Penal

20 Code section 597.4. (Id. ¶ 17.)

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23 1 Citations to the DSUF are to the version containing Plaintiff’s responses. Unless otherwise indicated,

such citations are only to facts where Defendant has not raised a genuine dispute. The Court notes that

24 Plaintiff did not file his own statement of undisputed facts, instead only responding to Defendants’.

Thus, all citations are to the DSUF. Additionally, Defendants filed a “response” to Plaintiff’s response to

25 the DSUF. (See ECF No. 79-2.) Many of these responses constitute improper legal argument beyond

the briefing and will not be considered. Where Plaintiff has identified “additional facts” in his response,

26 Defendants’ response will be considered as a response to Plaintiff’s assertion that these additional facts

are undisputed.

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2 Plaintiff does not dispute that Defendant Roberts told Plaintiff he was violating section 597.4, though

28 whether Plaintiff was actually violating Penal Code section 597.4 is clearly in dispute.

1 On July 20, 2019, Defendant Kacalek observed Plaintiff at a different location

2 near Dersch Road with baby chickens and signage in his vehicle, though Defendant

3 Kacalek was unable to read the signs in Plaintiff’s vehicle. (Id. ¶ 24.) Defendant

4 Kacalek initiated a traffic stop of Plaintiff’s vehicle.3 (Id. ¶ 25.) Upon request, Plaintiff

5 again provided a California identification card and an Illinois driver’s license.

6 (Id. ¶ 29.) Defendant Kacalek arrested Plaintiff, placed him in handcuffs, and put him

7 in the back of Defendant Kacalek’s patrol vehicle. (Id. ¶¶ 32–34.) Defendant Kacalek

8 then searched Plaintiff’s vehicle. (Id. ¶ 35.) Defendant Kacalek also requested an

9 Animal Regulation Officer to retrieve the live chickens from Plaintiff’s vehicle.

10 (Id. ¶ 38.) Defendant Roberts responded and seized 36 baby chickens from the

11 vehicle. (Id. ¶¶ 38–39.) Defendant Kacalek cited Plaintiff with a violation of Vehicle

12 Code section 4000, driving without a valid registration, and Vehicle Code section

13 12500, driving without a valid California license. (Id. ¶ 42.)

14 Plaintiff was later found not guilty of the July 13, 2019 citation for violation of

15 Penal Code section 597.4 issued by Defendant Roberts. (Id. ¶ 22.) Plaintiff was

16 separately found not guilty of violating Vehicle Code section 4000, but guilty of

17 violating Vehicle Code section 12500. (Id. ¶ 47.) Plaintiff was able to retake

18 possession of his vehicle and chickens on July 22, 2019. (Id. ¶¶ 40, 43.)

19 Defendants’ Motion for Summary Judgment is fully briefed. (Mot.; Opp’n (ECF

20 No. 77); Reply (ECF No. 79).) On November 6, 2025, the Court held oral argument, at

21 the conclusion of which it took this matter under submission. (ECF No. 80.)

22 LEGAL STANDARD

23 Summary judgment is appropriate where “there is no genuine dispute as to any

24 material fact and the movant is entitled to judgment as a matter of law.” Fed. R. Civ. P.

25 56(a). A dispute is “genuine” if “a reasonable jury could return a verdict for the

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27 3 Defendants assert this stop was initiated on suspicion that Plaintiff was driving on a suspended

registration after Defendant performed a records search. (DSUF ¶ 25.) This is disputed by Plaintiff, who

28 asserts his vehicle was properly registered.

1 nonmoving party.” Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 248 (1986). A fact is

2 “material” if it “might affect the outcome of the suit under the governing law.” Id.

3 The moving party bears the initial burden of informing the court of the basis for

4 the motion and identifying the portions of the record “which it believes demonstrate

5 the absence of a genuine issue of material fact.” Celotex Corp. v. Catrett, 477 U.S.

6 317, 323 (1986). The burden then shifts to the opposing party to “establish that there

7 is a genuine issue of material fact. . . . “ Matsushita Elec. Indus. Co. Ltd. v. Zenith Radio

8 Corp., 475 U.S. 574, 585 (1986). The parties must “(A) cit[e] to particular parts of

9 materials in the record. . . or (B) show[] that the materials cited do not establish the

10 absence or presence of a genuine dispute, or that an adverse party cannot produce

11 admissible evidence to support the fact.” Fed. R. Civ. P. 56(c)(1). When determining a

12 motion for summary judgment, “the inferences to be drawn from the underlying

13 facts. . . must be viewed in the light most favorable to the party opposing the motion.”

14 Matsushita Elec. Indus. Co., 475 U.S. at 587 (citation omitted). Ultimately, for the

15 moving party to succeed, the Court must conclude that no rational trier of fact could

16 find for the opposing party. See id.

17 A court may consider evidence as long as it is “admissible at trial.” Fraser v.

18 Goodale, 342 F.3d 1032, 1036 (9th Cir. 2003). “Admissibility at trial” depends not on

19 the evidence’s form, but its content. Block v. City of L.A., 253 F.3d 410, 418–19 (9th

20 Cir. 2001) (citation omitted). The party seeking admission of evidence “bears the

21 burden of proof of admissibility.” Pfingston v. Ronan Eng’g Co., 284 F.3d 999, 1004

22 (9th Cir. 2002). If the opposing party objects to the proposed evidence, the party

23 seeking admission must direct the court to “authenticating documents, deposition

24 testimony bearing on attribution, hearsay exceptions and exemptions, or other

25 evidentiary principles under which the evidence in question could be deemed

26 admissible. . . .” In re Oracle Corp. Sec. Litig., 627 F.3d 376, 385–86 (9th Cir. 2010).

27 But if evidence falls short of the formalities of Rule 56, a district court still may exercise

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1 its discretion “to be somewhat lenient.” Sch. Dist. No. 1J, Multnomah Cnty., Or. V.

2 ACandS, Inc., 5 F.3d 1255, 1261 (9th Cir. 1993) (collecting cases).

3 DISCUSSION

4 I. Plaintiff’s False Arrest Claims

5 Plaintiff’s First and Second Causes of Action assert claims under 42 U.S.C.

6 § 1983 for “unreasonable seizure of a person” in connection with the July 13 and July

7 20 incidents, respectively. As an initial matter, Defendants note that only Defendant

8 Roberts was responsible for the July 13 citation and only Defendant Kacalek was

9 responsible for the July 20 charges. Plaintiff does not contest this. Accordingly,

10 Plaintiff’s First Cause of Action concerning the July 13 incident is dismissed as to

11 Defendant Kacalek, and Plaintiff’s Second Cause of Action concerning the July 20

12 incident is dismissed as to Defendant Roberts.

13 A. Probable Cause

14 Defendants contend that Plaintiff’s First and Second Causes of Action must fail

15 as Defendants had probable cause on both July 13 and July 20. “[T]he general rule

16 [is] that Fourth Amendment seizures are ‘reasonable’ only if based on probable cause

17 to believe that the individual has committed a crime.” Bailey v. United States, 568 U.S.

18 186, 192 (2013). However, “in a § 1983 action the factual matters underlying the

19 judgment of reasonableness generally mean that probable cause is a question for the

20 jury, and summary judgment is appropriate only if no reasonable jury could find that

21 the officers did or did not have probable cause to arrest.” McKenzie v. Lamb, 738 F.2d

22 1005, 1008 (9th Cir. 1984) (internal citations omitted).

23 1. July 13 Incident

24 There are genuine disputes of material fact as to whether Defendant Roberts

25 had probable cause to believe Plaintiff had committed a violation of Penal Code

26 section 597.4 or any other crime on July 13, 2019. Section 597.4 makes it unlawful to

27 “[s]ell or give away as part of a commercial transaction a live animal on any street,

28 highway, public right-of-way, parking lot, carnival, or boardwalk[,]” as well as to

1 “display or offer for sale, or display or offer to give away as part of a commercial

2 transaction, a live animal, if the act of selling or giving away the live animal” would

3 occur in these same locations. Cal. Pen. Code section 597.4(a)(1)–(2). Plaintiff

4 specifically disputes that he was in any location in which selling or offering for sale

5 would be prohibited under section 597.4. Plaintiff contends that at all times he was

6 selling chicks “at least several dozen yards away from the road.” (Gettings Decl. (ECF

7 No. 77-2) ¶ 11.) Plaintiff also presents as additional evidence in the form of two

8 photos allegedly taken on July 13, 2019, the day he received the citation for violation

9 of section 597.4, which Plaintiff states “show[s] the area where I had been selling

10 chicks.” (Id. ¶ 7; see id., Ex. 7.) These photos appear to show vehicles parked in a

11 vacant lot away from the roadway. (See id.) Defendants assert that Defendant Roberts

12 saw Plaintiff selling baby chickens on the side of the road in violation of section 597.4.

13 But Defendants’ only evidence of this is Defendant Roberts testimony stating that she

14 had observed Plaintiff on a public right-of-way, which is clearly disputed by Plaintiff’s

15 statements.4 (See DSUF ¶ 12 (citing Roberts Dep. (ECF No. 72-12) at 27:7–29:12).)

16 Defendants also object to Plaintiff’s photos, arguing there is no indication of the time

17 the photos were taken or where Plaintiff was located when Defendant Roberts

18 allegedly observed Plaintiff.5 (See ECF No. 79-1 at 2.)

19 Presented with this conflicting evidence about material facts, summary

20 judgment is clearly inappropriate. Determinations as to the reliability of witnesses and

21 the weight of their testimony are solely for the jury to decide. Bateman v. Donovan,

22 131 F.2d 759, 763 (9th Cir. 1942) (“Where uncertainty arises from a conflict in the

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4 Defendants also cite testimony from Defendant Kacalek that Defendant Roberts had called him and

24 told him that she had observed Plaintiff “on the side of the road selling chickens . . . .” (See DSUF ¶ 12

(citing Kacalek Dep. (ECF No. 72-11) at 17:17–18:17).) Ignoring that this likely constitutes inadmissible

25 hearsay, the value of this testimony is minimal and only serves to bolster Defendant Roberts own

statements.

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5 Defendants’ evidentiary objections as to the photo appear to generally go more to weight than

27 admissibility. These issues are ripe for cross-examination. This determination does not preclude

Defendants from raising objections to the admission of these exhibits at trial should Plaintiff be unable

28 to lay adequate foundation.

1 testimony, the question is not one of law but of fact to be settled by the jury.” (cleaned

2 up)). As such, summary judgment on this basis as to Plaintiff’s First Cause of Action is

3 denied.

4 2. July 20 Incident

5 There are also genuine disputes of material fact as to whether Defendant

6 Kacalek had probable cause to arrest Plaintiff for violations of Vehicle Code sections

7 4000 and 12500. In relevant part, section 4000 states that “[a] person shall not drive,

8 move, or leave standing upon a highway, or in an offstreet public parking facility, any

9 motor vehicle, trailer, semitrailer, pole or pipe dolly, or logging dolly, unless it is

10 registered and the appropriate fees have been paid under this code . . . .” Cal. Veh.

11 Code section 4000(a)(1). On July 20, Defendant Kacalek arrested Plaintiff and

12 charged him with a violation of this section on the grounds that Plaintiff’s registration

13 was suspended. (DSUF ¶ 42.) Plaintiff contends that at the time of his arrest, his

14 vehicle registration was not suspended. He cites documents purportedly obtained

15 from the California Department of Motor Vehicles showing the registration history of

16 his vehicle. (Gettings Decl., Ex. 1.) Defendants in turn claim that Defendant Kacalek

17 had found that Plaintiff’s registration was suspended after a records search, which was

18 confirmed with a call to dispatch, though Plaintiff disputes the credibility of these

19 claims. (DSUF ¶ 25.) Defendants also provide a “Vehicle Registration Report for

20 License Plate 7474ON2 dated July 20, 2019” from an unknown system, which seems

21 to show Plaintiff’s vehicle registration as suspended. (See ECF No. 72-5.) Both parties

22 raise questions as to the veracity and reliability of the documentary evidence the other

23 presents, but these are questions that go to the weight of each party’s evidence which

24 are best resolved at trial. This leaves the conflicting statements of Plaintiff and

25 Defendant Kacalek, along with two sets of documents showing conflicting information.

26 While Defendants may contend that the information they provided was all that was

27 available to Defendant Kacalek, thus establishing probable cause at the time of the

28 arrest, Defendants have not presented any evidence to support such an assertion.

1 Nor have they introduced evidence as to how to interpret the information contained in

2 the Vehicle Registration Report on which Defendant Kacalek relied. There are thus

3 genuine disputes of material fact as to whether Defendant Kacalek had probable

4 cause to believe Plaintiff had violated section 4000(a)(1).

5 Similarly, there are factual disputes as to whether Defendant Kacalek had

6 probable cause to believe Plaintiff had violated section 12500. Defendants concede

7 that on both July 13 and July 20, Plaintiff presented Defendant Kacalek with a valid

8 Illinois driver’s license. (DSUF ¶¶ 16, 29.) Defendants contend that Plaintiff was

9 properly cited with driving without a California driver’s license on Defendant Kacalek’s

10 belief that Plaintiff had “established residency” in California, as Defendants Kacalek

11 and Roberts had observed Plaintiff in California three weekends in a row. (See DSUF

12 ¶ 27.)6 Plaintiff contests that he never considered California his residence and was

13 only in the state for “a specialist doctor’s appointment.” (Gettings Decl. ¶ 12.)

14 Notably, during deposition, Defendant Kacalek stated that he had no

15 knowledge of where Plaintiff resided prior to some time in September or October

16 2019, after Defendant Kacalek had cited Plaintiff with a violation of section 12500.

17 (Kacalek Dep. at 40:17–41:3.) Defendant Kacalek later indicated the reasons he

18 believed Petitioner resided in California — that Petitioner had live chickens, that the

19 vehicle he was driving was registered in Sacramento, that his prior California license

20 (which expired approximately three years prior to the July 2019 incidents), listed an

21 address in California, and the fact that Plaintiff had been observed in California three

22 weekends in a row. But none of these facts appear to conclusively establish that

23 Defendant Kacalek had probable cause to believe Plaintiff resided in California.

24 At oral argument, Defendants asserted that there was a “rebuttable

25 presumption” under California Vehicle Code section 516 that Plaintiff was a resident of

26 California. But the rebuttable presumption in that section only provides that

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6 Defendant Kacalek’s determination of Plaintiff’s residency is disputed by Plaintiff. (See DSUF ¶ 27

28 (Plaintiff’s response).)

1 “[p]resence in the state for six months or more in any 12-month period gives rise to a

2 rebuttable presumption of residency.” Thus, Defendant Kacalek had no reason to

3 believe this rebuttable presumption applied based on the information available to

4 him. Section 516 also lists information that can be considered “evidence of residency”

5 such as the address where an individual is registered to vote or the location of their

6 employment. But the section is also clear that this is evidence “for purposes of vehicle

7 registration[,]” not with regard to residency generally. Cal. Veh. Code § 516.

8 Based on the information available to the Court, there are genuine issues of

9 fact, and it is not readily apparent that no reasonable jury could find an absence of

10 probable cause. As such, summary judgment is not appropriate on the basis that

11 Defendant Kacalek had probable cause that Plaintiff had violated section 12500.

12 Johnson v. Barr, 79 F.4th 996, 1003 (9th Cir. 2023) (“Generally, the existence of

13 probable cause is a question for the jury, though summary judgment is appropriate

14 when there is no genuine issue of fact and if no reasonable jury could find an absence

15 of probable cause under the facts.” (internal citations and quotation marks removed)).

16 Defendants originally raised that issue preclusion also applied to prevent

17 Plaintiff from re-adjudicating issues decided in prior proceedings. (Mot. at 8–9.) In

18 Plaintiff’s Opposition, Plaintiff argues that California does not impose issue preclusion

19 on claims connected to convictions under the Vehicle Code. (See Opp’n at 5 (citing

20 Veh. Code § 40834 and Lockett v. Ericson, 656 F. 3d 892 (9th Cir. 2011)).) Vehicle

21 Code section 40834, which Plaintiff cites in his Opposition, states that a “ judgment of

22 conviction for any violation of this code or of any local ordinance relating to the

23 operation of a motor vehicle or a finding reported under Section 1816 shall not be res

24 judicata or constitute a collateral estoppel of any issue determined therein in any

25 subsequent civil action.” Based on this argument, Defendants state that they now

26 agree that issue preclusion does not apply to Plaintiff’s Second Cause of Action.

27 (Reply at 5.)

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1 However, in their Reply, Defendants still raise arguments that Plaintiff’s

2 conviction of a violation of Vehicle Code section 12500 definitively determines that

3 Defendant Kacalek had probable cause for the arrest. (Id. at 3.) Plaintiff’s only citation

4 for this proposition is to the Second Restatement of Torts. (Id.) Plaintiff does not

5 explain why this principle should still apply where California has passed a law that

6 explicitly states that a conviction for a violation of the Vehicle Code “shall not be res

7 judicata or constitute a collateral estoppel of any issue determined therein in any

8 subsequent civil action.” Veh. Code § 40834. By passing this statute, it appears

9 California took specific steps to prevent a conviction from precluding later civil cases.

10 This is precisely what Defendants argue for here. In the absence of any authority

11 applying this rule in the context of a violation of the Vehicle Code, the Court declines

12 to find that Plaintiff’s conviction of a violation of section 12500 conclusively establishes

13 that Defendant Kacalek had probable cause at the time of the arrest.

14 Based on the above, summary judgment is inappropriate as to Plaintiff’s

15 Second Cause of Action on the ground that Defendant Kacalek had probable cause.

16 B. Heck Bar

17 Based on Plaintiff’s conviction of a violation of section 12500, Defendants assert

18 that Plaintiff is barred by Heck v. Humphrey, 512 U.S. 477 (1994), from bringing a claim

19 alleging Defendant Kacalek lacked probable cause. The Court finds that the Heck bar

20 does not apply. Under Heck v. Humphrey, 512 U.S. 477 (1994), individuals are not

21 permitted to recover damages via section 1983 “for [an] allegedly unconstitutional

22 conviction or imprisonment, or for other harm caused by actions whose unlawfulness

23 would render a conviction or sentence invalid” unless the plaintiff proved that “that the

24 conviction or sentence has been reversed on direct appeal, expunged by executive

25 order, declared invalid by a state tribunal authorized to make such determination, or

26 called into question by a federal court's issuance of a writ of habeas corpus . . . .” Id. at

27 486–87. However, as noted in the Court’s Order on Defendants’ Motion to Dismiss,

28 Heck focused on incarcerated individuals and identified that habeas is the remedy for

1 challenging a conviction. See id. at 481–83 (distinguishing between civil rights and

2 habeas actions and restating that habeas is the remedy for “state prisoners attacking

3 the validity of the fact or length of their confinement” (emphasis added and citations

4 removed)). As Plaintiff was not subject to any term of confinement, habeas would be

5 unavailable to him.

6 Likely responding to the Court’s note in the prior order, Defendants argue that

7 Heck should still apply because a lack of probable cause would “necessarily implicate

8 his conviction . . . .” (Mot. at 9.) They also state that “Heck applies to convictions, not

9 prison terms.” (Reply at 4.) Defendants cite to Chico Scrap Metal, Inc. v. Raphael, 830

10 F. Supp. 2d 966, 971 (2011), and Alatraqchi v. City & Cnty. Of San Francisco, No. 99-

11 cv-4569-PJH, 2001 WL 637429 (N.D. Cal. May 30, 2001), which uses the phrase

12 “conviction or sentence” in describing the Heck bar and applied the bar in cases

13 where there was no custodial term imposed. But Chico and Alatraqchi do not

14 interrogate whether there is a custodial requirement for application of Heck.

15 Defendants also cite Nuno v. County of San Bernardino, 58 F. Supp. 2d 1127 (1999),

16 but there the district court recognized that Heck might only apply to those “in

17 custody[,]” id. at 1133 n.4, as part of Heck’s function “to channel litigation relating to

18 state convictions, and the sentences and confinement resulting therefrom, into the

19 federal habeas corpus process.” Id. at 1138–39.

20 More helpful are the Ninth Circuit’s string of cases following Spencer v. Kemna,

21 523 U.S. 1 (1998), particularly the decisions in Nonnette v. Small, 316 F.3d 872 (9th

22 Cir. 2002), Guerrero v. Gates, 442 F.3d 697 (9th Cir. 2006), and Lyall v. City of Los

23 Angeles, 807 F.3d 1178 (9th Cir. 2015). Following the lead set by Spencer, Nonnette

24 recognized that the Heck bar did not apply where a prisoner brought a section 1983

25 action claiming his due process rights had been violated while he was in custody, and

26 he was subsequently released, preventing him from pursuing habeas relief. 316 F.3d

27 at 875. Guerrero subsequently limited Nonnette on the basis that the plaintiff there

28 had been incarcerated for two years and never challenged his conviction during the

1 time he was incarcerated. Guerrero, 442 F.3d at 702. The Guerrero court stated that

2 “in following the reasoning of the concurrence in Spencer, we have emphasized the

3 importance of timely pursuit of available remedies . . . .” Id. at 704. Most on point for

4 the Court’s purposes in this case, Lyall addressed whether the Heck bar applied to an

5 individual who was in custody for two days and later convicted only of an infraction.

6 The Lyall court found that the Heck bar still applied, relying heavily on Guerrero and

7 the fact that Plaintiff did not pursue a direct appeal of his conviction. 807 F.3d at

8 1191–92, 1192 n.12 (“Cortez has never sought to invalidate it through direct appeal or

9 post-conviction relief. He is thus barred by Heck.”).

10 Here, Plaintiff’s situation presents similarities to Lyall, as it is very likely Plaintiff is

11 unable to obtain habeas review as he was convicted of only an infraction with no

12 custodial sentence. However, unlike the plaintiff in Lyall, Plaintiff did seek appellate

13 relief from his conviction. (DSUF ¶ 48.) Plaintiff lost this appeal, but his attempt to

14 appeal his conviction distinguishes his case from Lyall and places him outside the

15 remedy exhaustion limitation of Guerrero. Defendants suggest that Plaintiff failed to

16 take other steps to invalidate his conviction, but only vaguely state that “there are

17 procedural mechanisms by which he could have had his alleged wrongful conviction

18 expunged or reversed.” (Reply at 4.) Defendants fail to identify what these

19 “procedural mechanisms” were or establish that they were available to Plaintiff.

20 Under the circumstances here, where Plaintiff was convicted only of an

21 infraction, habeas relief was unavailable to Plaintiff, and Plaintiff has exhausted all

22 appellate options known to the Court, the Court finds that Ninth Circuit precedent

23 counsels against application of the Heck bar.7

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7 The Court notes that other courts have separately called into question application of the Heck bar to

27 violations of the California Vehicle Code based on the limitations of traffic violation proceedings. See

Toland v. McFarland, No. 2:21-cv-04797-FWS-AGR, 2023 WL 8884397, at *14 n.6 (C.D. Cal. Sept. 18,

28 2023). The Court does not decide here that Heck is inapplicable on this basis.

1 C. Qualified Immunity

2 Defendants also contend they are entitled to qualified immunity for Plaintiff’s

3 First and Second Causes of Action. Summary judgment on this basis is precluded by

4 the same factual disputes identified above. See supra Discussion I.A.1–2. Defendants

5 are entitled to qualified immunity if they establish that they reasonably believed they

6 had probable cause on July 13 and July 20. Rosenbaum v. Washoe County, 663 F.3d

7 1071, 1076 (9th Cir. 2021). However, where there are genuine issues of underlying

8 fact relevant to the qualified immunity determination at summary judgment, “the case

9 must proceed to trial.” Act Up!/Portland v. Bagley, 988 F.2d 868, 873 (1993). Here,

10 there are genuine disputes of fact that go directly to the reasonableness of the

11 officers’ belief that probable cause existed. As detailed above, there are factual

12 disputes about where Plaintiff was located when he was observed by Defendant

13 Roberts on July 13, what Defendant Kacalek knew regarding Plaintiff’s vehicle

14 registration status on July 20, and the basis for Defendant Kacalek’s belief that Plaintiff

15 had established residency in California. These questions are bound up in credibility

16 determinations and questions of fact that are core jury functions. As such, summary

17 judgment on qualified immunity grounds is not appropriate at this time. However, this

18 denial is without prejudice to Defendants arguing they are entitled to qualified

19 immunity after the jury has made the relevant factual findings.

20 D. Statutory Immunity

21 For the same reasons the Court denied summary judgment above on the

22 grounds that Defendants had probable cause and are entitled to qualified immunity,

23 the Court also denies summary judgment as to statutory immunity under California

24 Penal Code section 847. The material questions of fact that exist prevent the Court

25 from finding that Defendants had reasonable cause to cite and arrest Plaintiff.8

26

8 The Court notes that some courts have expressed doubt or outright rejected that immunity under

27 section 847 applies to actions brought under section 1983. See Buccola v. Boucher, No. 22-cv-03877-

NC, 2024 WL 5453171, at *3 (N.D. Cal. Mar. 22, 2024) (“[T]he Court is skeptical that [section 846(b)(1)]

28 provides immunity against federal constitutional claims.“); see also Miller v. Schmitz, No. 1:12-cv-00137-

1 II. Search and Seizure of Property Claims

2 Plaintiff brings three claims alleging the unreasonable search and seizure of

3 Plaintiff’s property during the July 20 incident. Plaintiff’s Fourth Cause of Action

4 alleges a violation of the Fourth Amendment in connection with Defendants Kacalek

5 and Robert’s search of Plaintiff’s vehicle; Plaintiff’s Fifth Cause of Action alleges a

6 violation of the Sixth Amendment in connection with Defendant Kacalek’s seizure of

7 Plaintiff’s vehicle; and Plaintiff’s Sixth Cause of Action alleges a violation of the Fourth

8 Amendment in connection with Defendant Roberts’ seizure of the baby chickens in

9 Plaintiff’s vehicle. Defendants contend that they are entitled to summary judgment on

10 all claims, as each of these searches/seizures was reasonable, and because they are

11 entitled to qualified immunity.

12 Defendants’ arguments for summary judgment as to the Fourth and Fifth

13 Causes of Action against Defendant Kacalek are unpersuasive. The parties agree that

14 these claims would not be viable if it were determined that Defendants had probable

15 cause to arrest Plaintiff on July 20. (Mot. at 15–16 n. 7; Opp’n at 1.) However, as

16 discussed above, whether Defendant Kacalek had probable cause to conduct the

17 search is subject to factual disputes that must be resolved by the jury. Defendant

18 Kacalek’s subsequent search and seizure of Plaintiff’s vehicle are predicated on the

19 validity of Plaintiff’s arrest. As such, it is impossible to grant summary judgment at this

20 stage as to these claims.

21 Plaintiff’s claims against Defendant Roberts present a slightly different situation.

22 The undisputed facts are that Defendant Roberts arrived after Plaintiff had been

23 handcuffed and placed in Defendant Kacalek’s vehicle. (DSUF ¶¶ 32–38.) Defendant

24 Roberts was called to the scene by Defendant Roberts, who had observed the baby

25

26 federal law; state law cannot provide immunity from suit for federal civil rights violations.’ Thus, Officer

Schwarz is not entitled to immunity under California Penal Code Section 847.” (internal citations

27 omitted) (emphasis in original) (quoting Wallis v. Spencer, 202 F.3d 1126, 1144 (9th Cir. 2000))).

Plaintiff cites other cases where section 846 has been applied for constitutional claims. (Reply at 4.) For

28 the reasons stated above, the Court does not need to reach these questions.

1 chickens in plain view inside Plaintiff’s vehicle. (Id. ¶ 38.) The facts presented to the

2 Court suggest Defendant Robert’s sole involvement in this July 20 incident was taking

3 the baby chickens from Plaintiff’s vehicle. (See id. ¶ 39.) There are no facts or

4 evidence that suggest Defendant Roberts was involved in any search of Plaintiff’s

5 vehicle. As such, summary judgment is appropriate for Cause of Action Four as to

6 Defendant Roberts. Plaintiff’s Sixth Cause of Action, concerning Defendant Roberts’

7 seizure of the chickens, is reliant on the lawfulness of the underlying arrest. As such,

8 summary judgment is inappropriate as to that claim prior to the jury’s determination of

9 the facts.

10 The Court also declines to find at this point that Defendants are entitled to

11 qualified immunity. As with Plaintiff’s claims related to his arrest, Defendants may well

12 be entitled to qualified immunity based on their reasonable belief that probable cause

13 existed. The reasonableness of this belief is tied up in factual questions that must first

14 be determined by a jury.

15 As to Defendant Roberts specifically, Defendants also cite cases concerning the

16 seizure of neglected animals. There appears to be no evidence that the chickens in

17 question were neglected. However, the Court does recognize that Defendant

18 Roberts’ position in connection with the July 20 incident is unique due to the presence

19 of the live animals. While the Court finds that the factual disputes mentioned above

20 still preclude summary judgment, it does so with the acknowledgment that the

21 ultimate qualified immunity analysis for Defendant Roberts may extend beyond

22 traditional Fourth Amendment considerations.

23 III. Excessive Force

24 In Plaintiff’s Third Cause of Action, Plaintiff alleged that in arresting him,

25 Defendant Kacalek used excessive force in handcuffing Plaintiff. As noted in the

26 Court’s prior order, claims that a plaintiff was injured by the usage of handcuffs are not

27 usually sufficient to state a claim for excessive force. (See ECF No. 50 at 9.) Courts

28 have recognized that such claims can be cognizable when there is a demonstrable

1 injury or the officer ignored complaints about tight handcuffs. See Reyes v. City of

2 Santa Ana, 832 Fed. Appx. 487, 490–91 (9th Cir. 2020) (collecting cases).

3 Plaintiff has not established a genuine dispute of material fact as to his claim

4 that Defendant Kacalek used excessive force during the July 20 incident. The core of

5 Plaintiff’s claim is that Defendant Kacalek’s usage of handcuffs resulted in Plaintiff

6 breaking his wrist. (See Opp’n at 10.) Plaintiff’s only evidence to support this is (1) his

7 statement that his wrists were swollen after he was handcuffed, (2) that swelling in his

8 wrist remained for many months, and (3) that when he saw his primary care physician,

9 their examination concluded he might have a “healed-over” wrist fracture from some

10 time in the past. (See Opp’n at 10-11; see also Gettings Decl.) Based solely on this

11 evidence and without the assistance of experts, Plaintiff concludes that Defendant

12 Kacalek’s usage of handcuffs caused Plaintiff to break his wrist. Plaintiff’s theory

13 behind this is so uncertain that Plaintiff himself admits that “[t]he exact mechanism of

14 the fracture is unknown.” (Opp’n at 11.) These allegations do not create a genuine

15 dispute of material fact.

16 Claims that handcuffing amounted to excessive force require more than

17 “nominal injuries” from the handcuffing. Reyes, 832 Fed. Appx. at 491. Plaintiff has

18 not presented evidence that establishes that he was injured by the handcuffs applied

19 by Defendant Kacalek. See id. As such, there is no genuine dispute of material fact

20 and Defendant Kacalek is entitled to judgment in his favor.9

21 Defendant also filed a Motion to Exclude the Testimony and Opinion of

22 Plaintiff’s Expert Debra Erikson. (See ECF No. 71.) However, as the Court grants

23 summary judgment in Defendant’s favor, this Motion is denied as moot.

24 IV. Deliberate Fabrication of Evidence

25 Defendants move for summary judgment on Plaintiff’s Eighth and Tenth Causes

26 of Action based on deliberate fabrication of evidence. (Mot. at 21–22.) Plaintiff does

27

9 As the Court grants summary judgment on this ground, it need not reach the issue of qualified

28 immunity.

1 not contest that summary judgment is appropriate as to these claims. As such, the

2 Court grants Defendant summary judgment as to these claims. See Jenkins v. County

3 of Riverside, 398 F.3d 1093, 1095 n.4 (2005).

4 V. Punitive Damages

5 Plaintiff has sought punitive damages in connection with his claims. (SAC at

6 15.) “It is well established that a jury may award punitive damages under section 1983

7 either when a defendant's conduct was driven by evil motive or intent, or when it

8 involved a reckless or callous indifference to the constitutional rights of others.”

9 Morgan v. Woessner, 997 F.2d 1244, 1255 (9th Cir. 1993) (internal citations and

10 quotations omitted); see Dang v. Cross, 422 F.3d 800, 807 (9th Cir. 2005). Defendants

11 now request that the Court strike or dismiss Plaintiff’s punitive damages request on

12 the basis that Plaintiff has not shown that Defendants were “motivated by evil motive

13 or intent” or acted with “reckless or callous indifference” to Plaintiff’s constitutional

14 rights. (Mot. at 23–24.) “A [section] 1983 punitive damages claim is subject to

15 summary adjudication where plaintiff fails to produce evidence raising a material

16 question of fact regarding aggravating circumstances or the reckless or callous nature

17 of defendant's actions.” S.T. by and through Niblett v. City of Ceres, 327 F. Supp. 3d

18 1261, 1283 (E.D. Cal. 2018) (internal citations and quotations omitted).

19 At this stage of the proceedings, the Court will not grant summary adjudication

20 as to Plaintiff’s punitive damages request. The undisputed evidence showed that

21 Plaintiff had repeated encounters with Defendants Roberts and Kacalek over the

22 course of three weekends and that those encounters had been contentious. (See

23 DSYF ¶¶ 12, 32). In addition, Defendants continued to discuss Plaintiff and these

24 encounters at other times (see id. ¶¶ 12, 23), from which a jury could reasonably infer

25 Defendants had specifically focused on Plaintiff. There also remains a dispute as to

26 whether Defendants had probable cause to cite Plaintiff for various alleged violations

27 on two different days a week apart. Viewing these facts in the light most favorable to

28 Plaintiff, a reasonable juror could conclude that either or both of Defendants Kacalek

1 | and Roberts acted with reckless disregard or malice to Defendant's Fourth

2 | Amendment rights. Accordingly, Defendants’ Motion as to Plaintiff's punitive

3 | damages request is denied.

4 CONCLUSION

5 For the reasons stated above, IT IS HEREBY ORDERED that:

6 1. Defendants’ Motion for Summary Judgment (ECF No. 72) is GRANTED IN

7 PART and DENIED IN PART as follows:

8 a. Defendants’ Motion is DENIED as to:

9 i. Plaintiff's First Cause of Action as to Defendant Roberts;

10 ii. Plaintiff's Second Cause of Action as to Defendant Kacalek;

11 iii. Plaintiff's Fourth Cause of Action as to Defendant Kacalek;

12 and

13 iv. Fifth and Sixth Causes of Action in their entirety.

14 b. Defendants’ Motion is GRANTED as to:

15 i. Plaintiff's First Cause of Action as to Defendant Kacalek;

16 ii. Plaintiff's Second Cause of Action as to Defendant Roberts;

17 iii. Plaintiff's Fourth Cause of Action as to Defendant Roberts;

18 and

19 iv. Plaintiff's Third, Eighth, and Tenth Causes of Action in their

20 entirety.

21 c. Defendants’ Motion is also DENIED as to Defendants’ Request for

22 Summary Adjudication as to Plaintiff's request for punitive

23 damages.

24 2. Defendant's Motion to Exclude the Opinion and Testimony of Plaintiff's

25 Expert Debra Erikson (ECF No. 71) is DENIED AS MOOT.

26 .

57 | Dated: February 4, 2026 “Dane J brat

THE HONORA DANIEL J. CALABRETTA

28 UNITED STATES DISTRICT JUDGE

1Q

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.

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