Can a plaintiff recover damages under Section 1983 of the Criminal Code if success on the claim would necessarily imply the invalidity of the conviction or sentence?

MultiRegion, United States of America

The following excerpt is from Chubbuck v. Brown, No. 2:19-cv-2608 KJM CKD P (E.D. Cal. 2021):

A claim to recover monetary damages is not cognizable under 1983 if success on the claim "would necessarily imply the invalidity of [the plaintiff's] conviction or sentence." Heck v. Humphrey, 512 U.S. 477, 487 (1994). In order to recover damages, "a 1983 plaintiff must prove that the conviction or sentence has been reversed on direct appeal, expunged by executive order, declared invalid by a state tribunal authorized to make such determination, or called into question by a federal court's issuance of writ of habeas corpus." Id. at 486-87.

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