Can plaintiffs bring a constitutional tort claim for wrongful conviction under Section 1983?

Given that the plaintiffs did not wait for a judicial ruling that their prior convictions were invalid, but instead chose to vacate those convictions by means of settlements, the question arises whether the plaintiffs can nevertheless bring constitutional tort claims for wrongful conviction under 1983. The answer under Heck v. Humphrey , 512 U.S. 477, 114 S.Ct. 2364, 129 L.Ed.2d 383 (1994), is no.

Heck v. Humphrey held that 1983 "creates a species of tort liability," and that "over the centuries the common law of torts has developed a set of rules to implement the principle that a person should be compensated fairly for injuries caused by the violation of his legal rights." Id. at 483, 114 S.Ct. 2364 (quoting

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