Does a prisoner's civil rights claim for damages accrue until his sentence or fact of imprisonment has been invalidated?

MultiRegion, United States of America

The following excerpt is from Kukes v. Grubbs, 86 F.3d 1162 (9th Cir. 1996):

A prisoner's civil rights claim for damages attributable to an allegedly unconstitutional conviction or for other harm caused by actions whose unlawfulness would render a conviction or sentence invalid does not accrue until his sentence or fact of imprisonment has been invalidated. Heck v. Humphrey, 114 S.Ct. 2364, 2373 (1994); Trimble, 49 F.3d at 585. Because Kukes' allegations necessarily imply the invalidity of his conviction, and he has not shown that his conviction has been overturned, or otherwise invalidated, Kukes has no damages claim at this time. See Heck, 114 S.Ct. at 2373; Trimble, 49 F.3d at 585.

Accordingly, the district court properly dismissed this action as a matter of law. See Heck, 114 S.Ct. at 2372.

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