City of Stockton v. Duarte (22-1080)
The question in this case is whether participation in an alternative sentence / pre-trial diversion program qualifies as a “conviction” for purposes of Heck v. Humphrey, which prohibits a would-be plaintiff from filing a civil action against law enforcement related to an event for which they pled guilty or were convicted. The Ninth Circuit Court of Appeals found the Heck bar does not apply to pre-trial diversion, and CSAC has asked the U.S. Supreme Court to review the case, arguing that the Ninth Circuit’s ruling disincentives diversion and dismissal. CSAC’s brief was drafted by Nadia Sarkis at Miller Bondess in Los Angeles.
