Can a plaintiff bring a claim for declaratory relief and money damages challenging prison disciplinary procedures in a civil rights action?

MultiRegion, United States of America

The following excerpt is from Jones v. Scottland, No. 2:12-cv-00633 TLN DAD P (E.D. Cal. 2013):

641, 648 (1997) (claims for declaratory relief and money damages challenging prison disciplinary hearing procedures were Heck-barred because the nature of the allegations, if proven, would necessarily imply the invalidity of the result of the prison disciplinary hearing); see also Smithart v. Towery, 79 F.3d 951, 952 (9th Cir. 1996) ("Heck, in other words, says that if a criminal conviction arising out of the same facts stands and is fundamentally inconsistent with the unlawful behavior for which section 1983 damages are sought, the 1983 action must be dismissed.") Thus, plaintiff may not pursue such a due process claim in a civil rights action until he has been successful in having the prison rules violation conviction reversed, expunged or declared invalid.

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